Abuja International Hotels Ltd. v Meridien Sas

Abuja International Hotels Ltd. v Meridien Sas

The arbitration agreement was governed by English law, not Nigerian law, and was valid and enforceable. No grounds were established under s.67 or s.68 of the Arbitration Act 1996 to set aside or challenge the award. The tribunal did not exceed its powers, fail to deal with fundamental issues, or act unfairly. The application was dismissed.

Parties
Claimant: Abuja International Hotels Limited; Defendant: Meridien SAS
Jurisdiction
England and Wales
Judgment Date
26 January 2012
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application to Set Aside or Challenge Arbitration Award Under Ss.67 and 68 Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Challenge to Arbitral Award, Jurisdiction of Arbitral Tribunal, Serious Irregularity, Applicable Law to Arbitration Agreement, Public Policy in Arbitration
Arbitration Commercial Law Challenge to Arbitral Award Jurisdiction of Arbitral Tribunal Serious Irregularity Applicable Law to Arbitration Agreement Public Policy in Arbitration

Case Brief

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Parties

Abuja International Hotels Limited

Claimant

Meridien SAS

Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application to Set Aside or Challenge Arbitration Award Under Ss.67 and 68 Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitration agreement was invalid under Nigerian law and public policy
  2. 2 Whether the tribunal had substantive jurisdiction under s.67 Arbitration Act 1996
  3. 3 Whether there was a serious irregularity under s.68 Arbitration Act 1996 justifying setting aside the award

Ratio Decidendi

The arbitration agreement was governed by English law, not Nigerian law, and was valid and enforceable. No grounds were established under s.67 or s.68 of the Arbitration Act 1996 to set aside or challenge the award. The tribunal did not exceed its powers, fail to deal with fundamental issues, or act unfairly. The application was dismissed.

Court Disposition

Application dismissed

Orders

  • Abuja's applications under ss.67 and 68 of the Arbitration Act 1996 are dismissed.