Nigeria vs P&ID: Extract from UK’s Court judgement

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Nigeria vs P&ID: Extract from UK's Court judgement

183. If it had been necessary to decide the issue, it seems to me that Mr Howard has the best of the arguments. It is a fundamental principle of our law that, as Lord Bingham said in HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2003] UKHL 6, [2003] 2 Lloyd’s Rep 61 refer-ing to what Rix LJ had said in the Court of Appeal – that fraud is a thing apart, it unravels all: [15].

There seems to be no reason why the finality of arbitration awards should be afforded greater importance than the finality ofjudgments in circumstances of fraud.

The statutory bar in section 73 is limited to irregularities discoverable during the arbitration. Othenwise, the effect of section 81 (1) of the Act is to preserve the right to challenge the enforcement of an award on public policy grounds under the common law. As Mr Howard contends, there is no reason to interpret the Act so that Takhar is confined to conunon law public policy challenges and not to those under section

196. In…



Source: Vanguard Newspaper