Nigerian Agrip Exploitation Limited v GEC Petroleum Development Company Limited

Nigerian Agrip Exploitation Limited v GEC Petroleum Development Company Limited

The defendant breached the arbitration agreement and the English court’s orders by commencing and prosecuting Nigerian proceedings to set aside the ICC arbitration award. The English court, as the court of the seat, has exclusive supervisory jurisdiction. There is no good or strong reason to refuse final injunctive and mandatory relief. The claimant is entitled to a final anti-suit injunction, mandatory discontinuance of the Nigerian proceedings, a continuing prohibitory injunction, and indemnity costs.

Parties
Claimant: Nigerian Agip Exploration Limited; Defendant: GEC Petroleum Development Company Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2023
Procedural Posture
Anti Suit Injunction / Final Judgment
Outcome
final anti-suit injunction and mandatory orders granted in favour of the claimant; indemnity costs awarded
Legal Topics
Anti Suit Injunctions, Enforcement of Arbitration Agreements, Exclusive Jurisdiction, Breach of Arbitration Agreement
Arbitration Commercial Law Anti Suit Injunctions Enforcement of Arbitration Agreements Exclusive Jurisdiction Breach of Arbitration Agreement

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Parties

Nigerian Agip Exploration Limited

Claimant

GEC Petroleum Development Company Limited

Defendant

Procedural Posture

Anti Suit Injunction / Final Judgment

Legal Issues

  1. 1 Whether the defendant breached the arbitration agreement by commencing and prosecuting Nigerian court proceedings challenging the ICC arbitration award
  2. 2 Whether the English court should grant a final anti-suit injunction and mandatory orders to discontinue the Nigerian proceedings
  3. 3 Whether the English court has exclusive supervisory jurisdiction over the arbitration award

Ratio Decidendi

The defendant breached the arbitration agreement and the English court’s orders by commencing and prosecuting Nigerian proceedings to set aside the ICC arbitration award. The English court, as the court of the seat, has exclusive supervisory jurisdiction. There is no good or strong reason to refuse final injunctive and mandatory relief. The claimant is entitled to a final anti-suit injunction, mandatory discontinuance of the Nigerian proceedings, a continuing prohibitory injunction, and indemnity costs.

Court Disposition

final anti-suit injunction and mandatory orders granted in favour of the claimant; indemnity costs awarded

Orders

  • Final declaration that the ICC arbitration is governed exclusively by English law and the English court has exclusive supervisory jurisdiction
  • Mandatory injunction requiring immediate discontinuance of the 2022 Nigerian proceedings by a specified date and time