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ARTICLE · 14 NOVEMBER 2023

Rethinking Safeguards In Arbitration?

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In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards...

United KingdomLitigation, Mediation & Arbitration
Alistair Calvert
Alistair Calvert
Robert Meade
Robert Meade
Madalena M. Houlihan
Madalena M. Houlihan

In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to public policy. This decision is of the utmost importance to Nigeria given the sums involved. However, it will also be of interest to companies and state entities which have provided for arbitration in their contracts, as it raises questions as to the efficacy of arbitration as a dispute resolution process.

Background

In 2010, the Federal Government of Nigeria (Nigeria) and Process & Industrial Developments Limited (P&ID) entered into a long-term Gas Supply Processing Agreement for Accelerated Gas Development (GSPA). Under the GSPA, Nigeria was to supply specified quantities of 'wet' gas to Gas Processing Facilities constructed by P&ID at Calabar. Nigeria failed to supply any wet gas, and P&ID failed to construct the Gas Processing Facilities.

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