Eurafric Power Ltd v The Bureau of Public Enterprises of the Federal Republic of Nigeria & Ors [2022] EWHC 3548 (Comm) (15 November 2022)

Eurafric Power Ltd v The Bureau of Public Enterprises of the Federal Republic of Nigeria & Ors [2022] EWHC 3548 (Comm) (15 November 2022)

There was no failure by Eurafric to make full and fair disclosure of any material fact. The Nigerian proceedings were not material to the exercise of the court's discretion under section 66 of the Arbitration Act 1996, as the seat of arbitration was London, no substantive jurisdictional challenge was made in England, and the Nigerian proceedings did not affect the enforceability of the award against the Applicants. The recognition order stands.

Citation
[2022] EWHC 3548 (Comm)
Parties
Claimant/respondent: Eurafric Power Limited; Defendant/applicant: The Bureau of Public Enterprises of the Federal Republic of Nigeria; Defendant/applicant: The Ministry of Finance Incorporated; Defendant/applicant: The Federal Government of Nigeria
Jurisdiction
England and Wales
Judgment Date
15 November 2022
Procedural Posture
Application to Set Aside Recognition Order for Enforcement of Arbitral Award / Post Recognition, Application to Set Aside Order
Outcome
Application to set aside recognition order dismissed
Legal Topics
Enforcement of Arbitral Awards, Full and Frank Disclosure, Recognition of Foreign Awards, State Immunity, Duty of Fair Presentation
Arbitration Commercial Law Civil Procedure Enforcement of Arbitral Awards Full and Frank Disclosure Recognition of Foreign Awards State Immunity Duty of Fair Presentation

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Parties

Eurafric Power Limited

Claimant/respondent

The Bureau of Public Enterprises of the Federal Republic of Nigeria

Defendant/applicant

The Ministry of Finance Incorporated

Defendant/applicant

The Federal Government of Nigeria

Defendant/applicant

Procedural Posture

Application to Set Aside Recognition Order for Enforcement of Arbitral Award / Post Recognition, Application to Set Aside Order

Legal Issues

  1. 1 Whether Eurafric failed to make full and frank disclosure in its without notice application for recognition of the arbitral award
  2. 2 Whether the alleged non-disclosures were material to the exercise of the court's discretion under section 66 of the Arbitration Act 1996
  3. 3 Whether the recognition order should be set aside for material non-disclosure

Ratio Decidendi

There was no failure by Eurafric to make full and fair disclosure of any material fact. The Nigerian proceedings were not material to the exercise of the court's discretion under section 66 of the Arbitration Act 1996, as the seat of arbitration was London, no substantive jurisdictional challenge was made in England, and the Nigerian proceedings did not affect the enforceability of the award against the Applicants. The recognition order stands.

Court Disposition

Application to set aside recognition order dismissed

Orders

  • Recognition order of Popplewell J dated 15 January 2018 remains in force
  • Applicants to pay costs of the application, summarily assessed as £10,505