The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 – 23 October 2023 (Knowles J CBE)

Disputes arose under a substantial gas supply contract between the claimant State and the defendant BVI corporation. Following ICC arbitration in London, the defendant was awarded USD6.6bn in damages. Nigeria’s appeal under s.68(2)(g) of the Arbitration Act (serious irregularity – award obtained by fraud or in a manner contrary to public policy) succeeded.  The Court found that the defendant had provided false evidence to the Tribunal, bribed a Nigerian official to conceal significant facts and had improperly obtained Nigeria’s privileged documents. But for this conduct the Tribunal would have reached a different conclusion.