Eurafric Power Limited v The Bureau of Public Enterprises of the Federal Republic of Nigeria & Ors

Eurafric Power Limited v The Bureau of Public Enterprises of the Federal Republic of Nigeria & Ors

The court found that Eurafric’s failure to disclose the Nigerian proceedings was not material to the recognition application because challenges to the award’s validity or jurisdiction had to be brought in England, the seat of arbitration, and not in Nigeria. The Nigerian proceedings were irrelevant to the exercise of the court’s discretion under section 66 of the Arbitration Act 1996. Even if disclosure should have been made out of caution, the non-disclosure did not justify setting aside the Recognition Order, as it would not have influenced the court’s decision to grant enforcement.

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
Commercial Arbitration Enforcement / Application to Set Aside Recognition Order
Outcome
Application to set aside Recognition Order dismissed
Legal Topics
Enforcement of Arbitral Awards, Full and Frank Disclosure, Without Notice Applications, Recognition of Foreign Arbitral Awards, Jurisdictional Challenges
Arbitration Commercial Law Civil Procedure Enforcement of Arbitral Awards Full and Frank Disclosure Without Notice Applications Recognition of Foreign Arbitral Awards Jurisdictional Challenges

Case Brief

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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

Commercial Arbitration Enforcement / Application to Set Aside Recognition Order

Legal Issues

  1. 1 Whether Eurafric failed to give full and frank disclosure of material facts in its without notice application for recognition of the arbitral award under section 66 of the Arbitration Act 1996
  2. 2 Whether the Recognition Order should be set aside for material non-disclosure

Ratio Decidendi

The court found that Eurafric’s failure to disclose the Nigerian proceedings was not material to the recognition application because challenges to the award’s validity or jurisdiction had to be brought in England, the seat of arbitration, and not in Nigeria. The Nigerian proceedings were irrelevant to the exercise of the court’s discretion under section 66 of the Arbitration Act 1996. Even if disclosure should have been made out of caution, the non-disclosure did not justify setting aside the Recognition Order, as it would not have influenced the court’s decision to grant enforcement.

Court Disposition

Application to set aside Recognition Order dismissed

Orders

  • The Applicants’ application to set aside the Recognition Order is dismissed.