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ARTICLE · 20 NOVEMBER 2025

Eat And Run: The Pan Ocean's Case

Where such consent has been given by the parties, can a party who has freely agreed to an arbitral award declare it illegal?

NigeriaLitigation, Mediation & Arbitration

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.

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