Federal Republic of Nigeria v Process & Industrial Developments Ltd

Subject Matter

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

[2023] EWHC 2638 (Comm); [2024] 1 Lloyd's Rep 1; [2023] WLR(D) 464, KBD

Commentary

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Arbitration and the rule of law: keeping it in the family Case comment