United Kingdom / 21 October 2008 / England and Wales, Court of Appeal / Nigerian National Petroleum Corporation v. IPCO (Nigeria) Ltd / A3/2008/1037.PTA+(A)
| Country | United Kingdom |
| Court | England and Wales, Court of Appeal |
| Date | 21 October 2008 |
| Parties | Nigerian National Petroleum Corporation v. IPCO (Nigeria) Ltd |
| Case number | A3/2008/1037.PTA+(A) |
| Applicable NYC Provisions | III | V | V(1) | V(1)(c) | V(2) | V(2)(b) | VI |
| Source |
[2008] EWCA Civ 1157 | online: BAILII |
| Languages | English |
| Summary | IPCO contracted with the State oil company of Nigeria ("NNPC") to construct a petroleum export terminal. The contract provided for arbitration in Nigeria under Nigerian law. A dispute arose and was referred to arbitration. The tribunal made an award in IPCO's favour. NNPC applied to a Nigerian court to have the award set aside. Meanwhile, IPCO sought enforcement of the award in the United Kingdom. The High Court permitted partial enforcement of the award. Both parties cross-appealed. The Court of Appeal affirmed the High Court's judgment, finding that partial enforcement was permitted under both the Act and the NYC. It emphasised, however, that the section to be enforced should be ascertainable from the face of the award and the judgment should be capable of being granted in the same terms as the award. |
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