What amounts to misconduct by an arbitrator

"What is misconduct is, of course, not defined in the Law nor in the Act.

But this Court has, in Taylor Woodrow (Nig.) Ltd. v. Suddentsche Etna-Werk GMBH (1993) 4 NWLR 127, spelt out some conduct that would amount to misconduct within the law. Some of these are:

(1) where the arbitrator fails to comply with the terms, express or implied, of the arbitration agreement;

(2) where, even if the arbitrator complies with the terms of the arbitration agreement, the arbitration makes an award which on grounds of public policy ought not to be enforced;

(3) where the arbitrator has been bribed or corrupted;

(4) technical misconduct, such as where the arbitrator makes a mistake as to the scope of the authority conferred by the agreement of reference. This, however, does not mean that every irregularity of procedure amounts to misconduct;

(5) where the arbitrator or umpire fails to decide all the matters which were referred to him;

(6) where the arbitrator or umpire has breached the rules of natural justice.

(7) If the arbitrator or umpire has failed to act fairly towards both parties, as for example:-

          (a) by hearing one party but refusing to hear the other; or

          (b) by deciding the case on a point not put by the parties."

Per OGUNDARE, J.S.C. in A. Savoia Ltd v. Sonubi (2000) 12 NWLR (Pt. 682) 539