UNITED KINGDOM 82 B

Court of Appeal (Civil Division), 21 October 2008

(Nigerian National Petroleum Corporation v. IPCO (Nigeria) Limited)

21 - 10 - 2008

UNITED KINGDOM 82 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction United Kingdom
Summary

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

Related topics
001

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. 

Interpretation of the Convention
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
110

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.

Arbitral award: types
512 Ground c: Excess by arbitrator of his authority - Excess of authority
601

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.

Adjournment of decision on enforcement
UNITED KINGDOM 82 B