The WLR Daily case summaries
[2023] WLR(D) 464
King’s Bench Division
Federal Republic of Nigeria v Process & Industrial Developments Ltd
[2023] EWHC 2638 (Comm)
2023 Jan 16–19, 23–26, 30, 31; Feb 1, 2, 6–9, 13–17, 20–24, 27; March 6–9; Oct 23
Robin Knowles J
Arbitration— Award— Challenge to award— Defendant business entering into gas supply and processing agreement with state party— Defendant making claim of repudiatory breach of contract under arbitration clause in agreement— Part final arbitral award dismissing challenge on jurisdiction and holding state liable— Final arbitral award holding state liable to pay substantial damages— State making challenges to the awards on grounds of serious irregularity affecting the tribunal— State alleging bribery and corruption before and during agreement and in early arbitration proceedings— Whether enforcement of award offending public policy— Whether bribes paid by defendant to secure initial contract falling within scope of “obtaining award by fraud”— Whether test of “reasonable diligence” applying to party seeking to set aside arbitral award obtained by fraud—
Arbitration Act 1996 (c 23), ss 67, 68, 73