Introduction
Arbitration is one of the mechanisms of alternative dispute
resolution. This is a method where a neutral third party hears the
evidence between two disputing parties and makes a final binding
decision called an award. One significant distinction between
arbitration and litigation is that arbitration is consensual, and
the award from that is binding on the parties. Where such consent
has been given by the parties, can a party who has freely agreed to
an arbitral award declare it illegal?
Factual Background
Appeal No: SC/684/2023 - Pan Ocean Oil Corporation (Nigeria)
Limited v. KCA Deutag Drilling GMBH and KCA Deutag (Nigeria)
Limited
KCA Deutag Drilling GMBH and KCA Deutag (Nigeria) Limited
("Respondents") entered into a land drilling agreement
with Pan Ocean Oil Corporation (Nig.) Ltd ("Appellant").
The contract was for the provision and operation of a land drilling
rig and other associated drilling services by the Respondents to
the Appellant.