尼日利亚法院处理涉外民商事案件的理论与实践

The Settlement of Foreign-related Civil and Commercial Disputes in Nigerian Courts

管辖权问题和法律适用问题是一国法院在处理涉外民商事案件时必须要解决的两个基本问题。尼日利亚法院通常依被告或诉讼标的物"出现"或"位于"其管辖权范围内、传票能够送达被告、被告接受法院的管辖或当事人之间的管辖权协议为由对涉外民商事案件行使管辖,对于涉外民商事案件的法律适用,尼日利亚法院通常适用法院地法,不过,在当事人选择了解决争议的准据法时,尼日利亚法院会尊重他们的选择。

Jurisdiction and application of law are two basic problems which the court must resolved in deciding the foreign-related civil and commercial disputes. Nigerian courts often assume jurisdiction on the basis of the appearance or being of the defendant or subject matter within its jurisdictional area, the service of the defendant, the defendant's submission to the its jurisdiction or the jurisdiction agreement between the parties. As to the application of law, Nigerian courts often apply lex fori, however, if the parties choose the applicable law, their choice will be respected.