IPCO (Nigeria) LTD v Nigerian National Petroleum Corporation

IPCO (Nigeria) LTD v Nigerian National Petroleum Corporation

IPCO failed to establish any change of circumstances sufficient to justify reconsideration of enforcement. The evidence did not show that NNPC's fraud challenge was hopeless or not bona fide. Even if enforcement were reconsidered afresh, the court would refuse enforcement because NNPC had established a good prima facie case of fraud that, if proved, would vitiate the whole award. The proper forum for determination of the fraud allegations is the Nigerian courts, and enforcement should remain adjourned pending their decision.

Parties
Claimant/applicant: IPCO (Nigeria) Limited; Defendant/respondent: Nigerian National Petroleum Corporation
Jurisdiction
England and Wales
Judgment Date
14 March 2014
Procedural Posture
Arbitration Enforcement Application / High Court Judgment on Application to Enforce Arbitral Award Under S.101(2) Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Enforcement of Foreign Arbitral Awards, Fraud in Arbitration, Adjournment of Enforcement, New York Convention, Public Policy Exception
Arbitration Commercial Law International Law Enforcement of Foreign Arbitral Awards Fraud in Arbitration Adjournment of Enforcement New York Convention Public Policy Exception

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Parties

IPCO (Nigeria) Limited

Claimant/applicant

Nigerian National Petroleum Corporation

Defendant/respondent

Procedural Posture

Arbitration Enforcement Application / High Court Judgment on Application to Enforce Arbitral Award Under S.101(2) Arbitration Act 1996

Legal Issues

  1. 1 Whether there has been a sufficient change of circumstances to justify reconsideration of enforcement of the arbitral award
  2. 2 Whether the fraud allegations by NNPC render the award unenforceable
  3. 3 Whether enforcement should be adjourned pending determination of fraud allegations in Nigeria

Ratio Decidendi

IPCO failed to establish any change of circumstances sufficient to justify reconsideration of enforcement. The evidence did not show that NNPC's fraud challenge was hopeless or not bona fide. Even if enforcement were reconsidered afresh, the court would refuse enforcement because NNPC had established a good prima facie case of fraud that, if proved, would vitiate the whole award. The proper forum for determination of the fraud allegations is the Nigerian courts, and enforcement should remain adjourned pending their decision.

Court Disposition

Application dismissed

Orders

  • IPCO's application to enforce the award is dismissed.
  • Tomlinson J’s order, as varied by the Consent Order, remains undisturbed.