Process & Industrial Developments Limited v The Federal Republic of Nigeria

Process & Industrial Developments Limited v The Federal Republic of Nigeria

Section 68(4) does not restrict appeals against consequential costs orders made under section 51 SCA and CPR 44.2, as such orders are not decisions 'under' section 68; the costs order should be made in sterling because Nigeria incurred liability and paid its solicitors in sterling, not naira.

Parties
Claimant/respondent: Process & Industrial Developments Limited; Defendant/appellant: The Federal Republic of Nigeria
Jurisdiction
England and Wales
Judgment Date
07 December 2024
Procedural Posture
Civil Appeal / Rolled Up Application for Permission to Appeal, With Appeal to Follow If Permission Granted
Outcome
Permission to appeal granted; appeal dismissed.
Legal Topics
Costs Orders, Currency of Costs, Appeals, Arbitration Act 1996 Section 68, Indemnity Principle
Arbitration Civil Procedure Costs Orders Currency of Costs Appeals Arbitration Act 1996 Section 68 Indemnity Principle

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Parties

Process & Industrial Developments Limited

Claimant/respondent

The Federal Republic of Nigeria

Defendant/appellant

Procedural Posture

Civil Appeal / Rolled Up Application for Permission to Appeal, With Appeal to Follow If Permission Granted

Legal Issues

  1. 1 Does section 68(4) of the Arbitration Act 1996 deprive the Court of Appeal of jurisdiction to hear an appeal against the currency of a costs order?
  2. 2 Should the costs order be made in sterling or naira given the circumstances of payment and loss?

Ratio Decidendi

Section 68(4) does not restrict appeals against consequential costs orders made under section 51 SCA and CPR 44.2, as such orders are not decisions 'under' section 68; the costs order should be made in sterling because Nigeria incurred liability and paid its solicitors in sterling, not naira.

Court Disposition

Permission to appeal granted; appeal dismissed.

Orders

  • Costs order to remain in sterling.
  • No further relief granted.