CRITICAL APPRAISAL OF AMERICAN LAW INSTITUTE AND THE INTERNATIONAL INSTITUTE FOR THE UNIFICATION OF PRIVATE LAW PRINCIPLES IN CIVIL LITIGATION AND ITS APPLICABILITY TO NIGERIA
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Abstract
This study is focused on the critical appraisal of American Law institute and the International Institute for the Unification of Private Law Principles in civil litigation and its applicability in Nigerian Courts. It is aimed at examining the applicability of these principles in Nigerian courts as it relate to international commercial dispute resolution and the court that has jurisdiction over transnational dispute and how the applicability of these principles will assist in the speedy dispensation of justice. The specific objectives were to introduce global best practices in the administration of justice in Nigerian Federal High court and to equip the judges with the necessary tools both mentally and practically to dispense justice as it pertains to international trade and commerce with ALI and UNIDROIT principles. The study also identified the prospect of the applicability of these ALI and UNIDROIT principles. The main sources of information and data collection for this study were the primary sources being the ALI and UNIDROIT principles and the secondary source from Civil Procedure text books, the internet and journals. This work made some findings and offered suggestions to the challenges confronting the applicability of ALI and UNIDROIT principles in civil litigation. Based on the findings existing statutes e.g. the Federal High Court Act, Security and Exchange Tribunal, Investment and Security Act and the Federal High Court Civil Procedure Rules need to be reviewed to incorporate this global best practicesprinciples.