The Federal Republic of Nigeria v Process & Industrial Developments Ltd

The Federal Republic of Nigeria v Process & Industrial Developments Ltd

Nigeria established a strong prima facie case of fraud in the procurement of the GSPA and arbitral awards, acted reasonably in its investigations, and delay was not the result of a deliberate decision for advantage; therefore, extension of time and relief from sanctions are granted despite unprecedented delay.

Parties
Claimant: The Federal Republic of Nigeria; Defendant: Process & Industrial Developments Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Arbitration Claim / Application for Extension of Time and Relief From Sanctions
Outcome
Extension of time and relief from sanctions granted to Nigeria
Legal Topics
Extension of Time, Relief From Sanctions, Fraud in Arbitration, Public Policy, Jurisdiction Challenge
Arbitration Commercial Law Extension of Time Relief From Sanctions Fraud in Arbitration Public Policy Jurisdiction Challenge

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Parties

The Federal Republic of Nigeria

Claimant

Process & Industrial Developments Limited

Defendant

Procedural Posture

Arbitration Claim / Application for Extension of Time and Relief From Sanctions

Legal Issues

  1. 1 Whether Nigeria should be granted an extension of time to challenge arbitral awards under sections 67 and 68(2)(g) of the Arbitration Act 1996
  2. 2 Whether Nigeria is entitled to relief from sanctions to adduce new evidence
  3. 3 Whether there is a prima facie case of fraud in the procurement of the GSPA and arbitral awards

Ratio Decidendi

Nigeria established a strong prima facie case of fraud in the procurement of the GSPA and arbitral awards, acted reasonably in its investigations, and delay was not the result of a deliberate decision for advantage; therefore, extension of time and relief from sanctions are granted despite unprecedented delay.

Court Disposition

Extension of time and relief from sanctions granted to Nigeria

Orders

  • Nigeria's applications for extension of time and relief from sanctions are granted