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NIGERIA 9
Federal High Court of Nigeria (Lagos Judicial Division), 7 April 2022, Suit No. FHC/L/CS/952/2021
(La Societe Nationale d’Operations Petrolieres de la Cote d’Ivoire (PETROCI) ... Read more
Federal High Court of Nigeria (Lagos Judicial Division), 7 April 2022, Suit No. FHC/L/CS/952/2021
(La Societe Nationale d’Operations Petrolieres de la Cote d’Ivoire (PETROCI) v. MRS Holdings LTD)
NIGERIA 9
The Court granted recognition and enforcement of an ICC final award and an addendum to the final award. It held that the requirements for seeking exequatur provided in the sections of the Nigerian Arbitration and Conciliation Act 2004 mirroring Art. IV of the New York Convention were met, and that there were no grounds for refusal.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.