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- UNITED KINGDOM 82 B
UNITED KINGDOM 82 B
Court of Appeal (Civil Division), 21 October 2008
(Nigerian National Petroleum Corporation v. IPCO (Nigeria) Limited)
UNITED KINGDOM 82 B
See also High Court of Justice, Queen’s Bench Division, Commercial Court, 17 April 2008
(Nigerian National Petroleum Corporation v. IPCO (Nigeria) Limited)
UNITED KINGDOM 82 A
The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.