The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2020] EWHC 2379 (Comm) (04 September 2020)

The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2020] EWHC 2379 (Comm) (04 September 2020)

Nigeria established a prima facie case of fraud and demonstrated sufficient diligence in investigating the alleged fraud. The interests of justice require granting an extension of time and relief from sanctions to allow Nigeria to challenge the arbitral awards under s.67 and s.68(2)(g) of the Arbitration Act 1996.

Citation
[2020] EWHC 2379 (Comm)
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 Under Arbitration Act 1996, S.67 and S.68 / Application for Extension of Time and Relief From Sanctions, Preliminary Hearing
Outcome
Extension of time and relief from sanctions granted. Nigeria permitted to proceed with challenges under s.67 and s.68(2)(g).
Legal Topics
Extension of Time for Challenge to Arbitral Award, Relief From Sanctions, Fraud in Arbitration, Enforcement of Arbitral Awards
Arbitration Commercial Law Contract Law Extension of Time for Challenge to Arbitral Award Relief From Sanctions Fraud in Arbitration Enforcement of Arbitral Awards

Case Brief

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Parties

The Federal Republic of Nigeria

Claimant

Process & Industrial Developments Limited

Defendant

Procedural Posture

Arbitration Claim Under Arbitration Act 1996, S.67 and S.68 / Application for Extension of Time and Relief From Sanctions, Preliminary Hearing

Legal Issues

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

Ratio Decidendi

Nigeria established a prima facie case of fraud and demonstrated sufficient diligence in investigating the alleged fraud. The interests of justice require granting an extension of time and relief from sanctions to allow Nigeria to challenge the arbitral awards under s.67 and s.68(2)(g) of the Arbitration Act 1996.

Court Disposition

Extension of time and relief from sanctions granted. Nigeria permitted to proceed with challenges under s.67 and s.68(2)(g).

Orders

  • Extension of time to challenge arbitral awards granted
  • Relief from sanctions to adduce new evidence granted