- ‘Unprecedented’ extension of time granted for late award challenge (Federal Republic of Nigeria v P&ID)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: Sir Ross Cranston in the Commercial Court handed down his judgment in respect of the Federal Republic of Nigeria’s (Nigeria) application for an extension of time to bring challenges against arbitral awards under sections 67 and 68 of the Arbitration Act 1996 (AA 1996) some three-and-a-half-years outside the usual time limit of 28 days post-award (broadly speaking), and a related application by Nigeria for relief from sanctions (RFS). In summary, Nigeria’s case was that the underlying contract and the awards in the arbitration proceedings were procured by a significant fraud by the defendant, Process & Industrial Developments Ltd (P&ID). The court granted Nigeria’s applications despite the ‘unprecedented’ and ‘very significant’ delay in bringing the challenge applications, finding that Nigeria had ‘established a strong prima facie case of fraud’ which P&ID had ‘prima facie covered up, thus contributing to the delay’. Written by Suzi Sendama, Managing Associate at Mishcon de Reya LLP and a member of the team which represents Nigeria in this case.
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