A London court has denied Process & Industrial Development (P&ID)’s application to appeal the judgment stopping the enforcement of its $11 billion award against Nigeria.
The presiding judge, Robin Knowles, ruled on Thursday that the award against Nigeria should be thrown out immediately.
On October 23, Knowles delayed the award’s implementation by affirming Nigeria’s request that it be obtained fraudulently and in contravention of Section 68 of the English Arbitration Act 1996.
The judge found that P&ID had paid bribes to Nigerian officials involved in the drafting of the gas supply and processing agreement (GSPA) in 2010.
He also found that P&ID was illegally in possession of Nigeria’s privileged legal documents during the arbitration hearings.
However, Knowles said he still had to choose from three options after making his determination.
The options included: ” (a) to remit the award to the tribunal, in whole or in part, for reconsideration, (b) to set the award aside in whole or in part, or (c) to declare the award to be of no effect, in whole or in part”.
Nigeria had argued that the award should be set aside in its entirety, invoking the common law principle that “fraud unravels all”.
But in his pronouncement on December 8, Knowles said he had decided against sending the award back to the arbitration tribunal. He crushed the award in its entirety.
However, P&ID sought permission to appeal the October 2023 judgment.
Its lawyers argued that the judge failed to apply a “causation” requirement which would have shown if the arbitration award would still have been made if bribes had not been paid by P&ID to government officials.
They also argued that the privileged documents that were found in P&ID’s possession played no role in its victory at the arbitration.
But in the judgment on Thursday, the judge refused P&ID permission to appeal.
This effectively puts an end to the case as the company cannot apply for permission from the court of appeal.
