The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm) (23 October 2023)

The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm) (23 October 2023)

The court found that Nigeria had established, on the balance of probabilities, that the GSPA and the arbitral awards were obtained by fraud and bribery, including corrupt payments to officials involved in the contract and arbitration process. The arbitral awards were therefore set aside as contrary to public policy and procured by fraud.

Citation
[2023] EWHC 2638 (Comm)
Parties
Claimant: The Federal Republic of Nigeria; Defendant: Process & Industrial Developments Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2023
Procedural Posture
Arbitration Claim / Judgment After Trial of Challenge to Arbitral Awards
Outcome
Arbitral awards set aside
Legal Topics
Challenge to Arbitral Award, Bribery and Corruption, Repudiatory Breach of Contract, Jurisdiction of Arbitral Tribunal, Standard of Proof for Dishonesty
Arbitration Commercial Law Contract Law Fraud and Corruption Challenge to Arbitral Award Bribery and Corruption Repudiatory Breach of Contract Jurisdiction of Arbitral Tribunal +1 more

Case Brief

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Parties

The Federal Republic of Nigeria

Claimant

Process & Industrial Developments Limited

Defendant

Procedural Posture

Arbitration Claim / Judgment After Trial of Challenge to Arbitral Awards

Legal Issues

  1. 1 Whether the arbitral awards should be set aside for fraud, bribery, corruption, or perjury
  2. 2 Whether the GSPA was procured or performed by corrupt means
  3. 3 Whether the arbitral tribunal had jurisdiction

Ratio Decidendi

The court found that Nigeria had established, on the balance of probabilities, that the GSPA and the arbitral awards were obtained by fraud and bribery, including corrupt payments to officials involved in the contract and arbitration process. The arbitral awards were therefore set aside as contrary to public policy and procured by fraud.

Court Disposition

Arbitral awards set aside

Orders

  • The arbitral awards on liability and quantum are set aside.
  • No enforcement of the awards against Nigeria.