IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: ComC 14 Mar 2014

IPCO applied to have enforced here a substantial arbitration award. NNPC replied that the award had been inflated by fraud.
Held: The fraud challenge was made bona fide. NNPC had a good prima facie case that IPCO practised a fraud on the tribunal and NNPC has a realistic prospect on that basis of proving that the whole award should be set aside.

Judges:

Field J

Citations:

[2014] EWHC 576 (Comm), [2014] CN 517, [2014] 1 Lloyd’s Rep 625

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

See AlsoIPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 27-Apr-2005
A Nigerian arbitration award between two Nigerian companies was first subject to proceedings in Nigeria to set aside the award and subsequently to enforcement proceedings in England.
Held: Gross J refused to consider immediate enforcement. He . .
See AlsoIPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ComC 17-Apr-2008
The court considered its power to enforce a New York Convention award in circumstances where a challenge to the validity of the award is pending before the supervisory court. . .
See AlsoNigerian National Petroleum Corporation v IPCO (Nigeria) Ltd CA 21-Oct-2008
The court was asked ‘Can part of a New York Convention arbitration award be enforced? How should sequential applications for enforcement of such an award be approached? ‘
Held: A foreign arbitration award could be enforced within the UK only . .

Cited by:

Appeal fromIPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation (Costs) CA 10-Nov-2015
Challenge to order for payment of security for costs.
Christopher Clarke LJ said: ‘In the present case it seems to us that in reality it is NNPC, the Award debtor, which sought the continuance of the adjournment in the face of IPCO’s attempt to . .
Appeal fromIPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA 10-Nov-2015
The court was asked whether the court below had been right to decline to enforce an arbitration award made in Nigeria in October 2004 and, instead, to continue an adjournment of the enforcement proceedings begun subsequently in this jurisdiction. . .
At First InstanceIPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 21 July 2022; Ref: scu.522459