Nigerian 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 to the extent that the arbitration was subject to some international convention.

Judges:

Tuckey LJ, Wall LJ, Rimer LJ

Citations:

[2008] EWCA Civ 1157, Times 11-Nov-2008, [2009] 1 All ER (Comm) 611, [2009] Bus LR 545, [2009] BLR 71, [2009] 1 Lloyd’s Rep 89, [2008] 2 CLC 550

Links:

Bailii

Statutes:

Arbitration Act 1996

Jurisdiction:

England and Wales

Citing:

Appeal fromIPCO (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 . .
Appeal fromIPCO (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. . .

Cited by:

See AlsoIPCO (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 . .
See AlsoIPCO (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 . .
See AlsoIPCO (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. . .
See AlsoIPCO (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.

International, Arbitration

Updated: 19 July 2022; Ref: scu.277079