Abuja International Hotels Ltd. v Meridien Sas [2012] EWHC 87 (Comm) (26 January 2012)

Abuja International Hotels Ltd. v Meridien Sas [2012] EWHC 87 (Comm) (26 January 2012)

Nigerian law and Constitution are irrelevant to the validity of the arbitration agreement, which is governed by English law due to the seat in London. No grounds under English law exist to invalidate the arbitration agreement. Abuja failed to establish any substantive jurisdiction challenge under s.67 or any serious...

Source-derived case information.

Citation
[2012] EWHC 87 (Comm)
Parties
Claimant: Abuja International Hotels Limited; Defendant: Meridien SAS
Jurisdiction
England and Wales
Judgment Date
26 January 2012
Procedural Posture
Challenge to Arbitration Award Under Arbitration Act 1996 / Judgment on S.67 and S.68 Applications
Outcome
Applications dismissed
Legal Topics
Challenge to Arbitration Award, Jurisdiction of Arbitral Tribunal, Serious Irregularity, Substantive Jurisdiction, Arbitration Agreement Validity
Arbitration Commercial Law Challenge to Arbitration Award Jurisdiction of Arbitral Tribunal Serious Irregularity Substantive Jurisdiction Arbitration Agreement Validity

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Summary, issues, holding and outcome

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Parties

Abuja International Hotels Limited

Claimant

Meridien SAS

Defendant

Procedural Posture

Challenge to Arbitration Award Under Arbitration Act 1996 / Judgment on S.67 and S.68 Applications

Legal Issues

  1. 1 Whether the arbitration agreement is invalid under Nigerian law and Constitution
  2. 2 Whether failure to incorporate in Nigeria invalidates the arbitration agreement
  3. 3 Whether the arbitration agreement was agreed with constraint or contrary to public interest

Ratio Decidendi

Nigerian law and Constitution are irrelevant to the validity of the arbitration agreement, which is governed by English law due to the seat in London. No grounds under English law exist to invalidate the arbitration agreement. Abuja failed to establish any substantive jurisdiction challenge under s.67 or any serious irregularity under s.68. The Tribunal acted within its powers and complied with its duties.

Court Disposition

Applications dismissed

Orders

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