The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited

The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited

The court has jurisdiction as the defendant was properly served and London is the seat of arbitration. The arbitration agreement is valid and enforceable under Nigerian law. The defendant's Nigerian proceedings are in breach of the arbitration agreement and there is no arguable defence. A final anti-suit injunction is granted, including mandatory orders to discontinue the Nigerian proceedings. Costs are summarily assessed in favour of the claimant on the indemnity basis.

Parties
Claimant: The Shell Petroleum Development Company of Nigeria Limited; Defendant: Sunlink Energies and Resources Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Claim (anti Suit Injunction) / Judgment on Final Anti Suit Injunction and Costs
Outcome
Claim allowed. Final anti-suit injunction granted. Costs awarded to claimant.
Legal Topics
Anti Suit Injunctions, Jurisdiction, Arbitration Agreements, Service of Process, Costs Assessment
Arbitration Commercial Law Anti Suit Injunctions Jurisdiction Arbitration Agreements Service of Process Costs Assessment

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Parties

The Shell Petroleum Development Company of Nigeria Limited

Claimant

Sunlink Energies and Resources Limited

Defendant

Procedural Posture

Commercial Court Claim (anti Suit Injunction) / Judgment on Final Anti Suit Injunction and Costs

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant a final anti-suit injunction against the defendant
  2. 2 Whether the arbitration agreement is valid and enforceable under Nigerian law
  3. 3 Whether the defendant's proceedings in Nigeria are in breach of the arbitration agreement

Ratio Decidendi

The court has jurisdiction as the defendant was properly served and London is the seat of arbitration. The arbitration agreement is valid and enforceable under Nigerian law. The defendant's Nigerian proceedings are in breach of the arbitration agreement and there is no arguable defence. A final anti-suit injunction is granted, including mandatory orders to discontinue the Nigerian proceedings. Costs are summarily assessed in favour of the claimant on the indemnity basis.

Court Disposition

Claim allowed. Final anti-suit injunction granted. Costs awarded to claimant.

Orders

  • Final anti-suit injunction restraining the defendant from pursuing or continuing Nigerian proceedings in breach of the arbitration agreement
  • Mandatory order requiring the defendant to discontinue or withdraw Nigerian proceedings and appeals