CONTRACTUAL OUSTER OF COURT’S JURISDICTION IN INTERNATIONAL COMMERCIAL AGREEMENT
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DOI:
https://doi.org/10.55662/ALPPR.2021.605Keywords:
Contractual, Ouster, Jurisdiction, International, CommercialAbstract
The article examined the Contractual Ouster of Court’s Jurisdiction in International Commercial Agreement given the controversy it engendered and the varying interpretation given to it by the court. The principle that parties could freely agree on the terms of their contract is true. It is also correct that no parties by their contract could bind a third party. The doctrine of the principle of privity of contract is that contracts are private between parties to it and non-admissive of the meddlesome interloper. If this is the case that parties cannot bind a third party, the innuendo then is that a party ought not to bind a court from exercising its jurisdiction. The paper identified three schools of thought concerning an international commercial agreement in the Law of Carriage of Goods by sea. The paper stressed and emphasized the Ingenuity of the Nigerian Supreme Court in the Case of Sonner Nigeria Ltd. and Anor v Partenreedri M.S. Norwind and Anor.
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References
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