The decision of the Court of Appeal in Oil & Industrial
Services Ltd v. Hempel Paints (South Africa) (Pty) Ltd represents a
significant restatement of Nigerian arbitration jurisprudence,
particularly in relation to the limits of judicial intervention in
foreign-seated arbitral proceedings, the recognition and
enforcement regime under the Arbitration and Conciliation Act
(ACA), and the distinction between annulment (setting aside) and
refusal of enforcement.The case also clarifies several ancillary
but important issues touching on jurisdiction, party autonomy, and
the interplay between domestic courts and international
arbitration.
Facts and Background
The dispute arose from a commercial contractual relationship
between Oil & Industrial Services Ltd
(OISL), a Nigerian company, and Hempel
Paints (South Africa) (Pty) Ltd, a foreign entity. The
parties' contract contained an arbitration clause which
expressly provided for arbitration seated in London. Following
