ARBITRATION: ARBITRAL AWARD; ENFORCEMENT OF ARBITRAL AWARD; DOES THE FEDERAL HIGH COURT HAVE THE AUTHORITY TO ENFORCE AN ARBITRAL AWARD AS JUDGMENT OF A TRIAL COURT?

NIGERIAN NATIONAL PETROLEUM CORPORATION v. FUNG TAI ENGINEERING COMPANY LIMITED

SUPREME COURT OF NIGERIA

(KEKERE-EKUN; AUGIE; ABBA-AJI; GARBA; JAURO, JJ.SC)

Pursuant to an arbitration clause in the contract between Nigerian National Petroleum Corporation (the Appellant) and Fung Tai Engineering Company Limited (the Respondent), a dispute arising therefrom was referred to arbitration by the Respondent. Upon the conclusion of the arbitral proceeding, an award of the sum of $17,505,000.00 was made in favour of the Respondent by the Arbitration Tribunal (Tribunal) as well as the sum of 22,854,184 as cost of the Arbitration. The
Respondent then approached the Federal High Court, Lagos (trial court) for the recognition and enforcement of the award, while the Appellant also applied to that court to set aside the said award. The trial recognised and ordered the enforcement of the award and dismissed the Appellant's application to set it aside.

Dissatisfied with the decision of the trial court, the Appellant appealed to the Court of Appeal, Lagos Division (lower court) against the decision by the trial court, which was dismissed.