Federal Republic of Nigeria v Process & Industrial Development Ltd (Re Ruling on Leave to Appeal) [2023] EWHC 3320 (Comm) (21 December 2023)

Federal Republic of Nigeria v Process & Industrial Development Ltd (Re Ruling on Leave to Appeal) [2023] EWHC 3320 (Comm) (21 December 2023)

Leave to appeal is refused because P&ID has no real prospect of success on the proposed grounds of appeal, the findings of fraud and serious irregularity go to the root of the awards, and there are no compelling reasons for an appeal. The awards are set aside in whole as remission to the tribunal would be inappropriate given the depth and seriousness of the fraud perpetrated by P&ID.

Citation
[2023] EWHC 3320 (Comm)
Parties
Claimant: The Federal Republic of Nigeria; Defendant: Process & Industrial Development Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2023
Procedural Posture
Commercial Court Challenge Under Arbitration Act 1996, S.68 / Ruling on Leave to Appeal and Consequential Orders After Main Judgment
Outcome
Leave to appeal refused; arbitral awards set aside in whole; consequential orders made.
Legal Topics
Setting Aside Arbitral Awards, Serious Irregularity, Fraud in Arbitration, Public Policy, Leave to Appeal, Remission to Tribunal
Arbitration Commercial Law Fraud Setting Aside Arbitral Awards Serious Irregularity Fraud in Arbitration Public Policy Leave to Appeal +1 more

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Parties

The Federal Republic of Nigeria

Claimant

Process & Industrial Development Ltd

Defendant

Procedural Posture

Commercial Court Challenge Under Arbitration Act 1996, S.68 / Ruling on Leave to Appeal and Consequential Orders After Main Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 68(4) Arbitration Act 1996
  2. 2 Whether the arbitral awards should be set aside or remitted to the tribunal
  3. 3 Whether the requirements of causation and substantial injustice under s.68(2)(g) were met

Ratio Decidendi

Leave to appeal is refused because P&ID has no real prospect of success on the proposed grounds of appeal, the findings of fraud and serious irregularity go to the root of the awards, and there are no compelling reasons for an appeal. The awards are set aside in whole as remission to the tribunal would be inappropriate given the depth and seriousness of the fraud perpetrated by P&ID.

Court Disposition

Leave to appeal refused; arbitral awards set aside in whole; consequential orders made.

Orders

  • Awards on Liability and Final Award set aside in whole.
  • Leave to appeal refused to P&ID.