The English Commercial Court Decision in the Federal Republic of Nigeria v Process and Industrial Development Ltd. (2023) EWHC 2638 (Commercial): Commentary on the Nigerian Perspective

Authors

  • Bello Ibrahim Olaoluwa Lead City University, Ibadan, Oyo State
  • Mobola Adio Lead City University, Ibadan, Oyo State

Keywords:

Arbitration, arbitral award, international dispute resolution, complex contractual dispute,, Nigeria

Abstract

This study examines the landmark decision of the English Commercial Court in Federal Republic of Nigeria v Process and Industrial Development Limited (2023) EWHC 2638 (Commercial), in which the judgement served as a damning indictment of predatory international investors. In the complex landscape of international dispute resolution, arbitration emerges as a highly favoured method with distinct advantages over classical litigation proceedings. Arbitration plays a pivotal role in various domains, notably within international commercial law, facilitating the smoother resolution of intricate and complex contractual disputes. The judgement revealed the brazen fraud perpetrated by the P & ID to obtain the arbitral award, which was revealed for all to see despite their consistent attempt to frustrate the passage of justice through bribery and corruption. The study conducts an in-depth analysis of how P & ID obtained the award by practising the most severe abuse of the arbitral process. This study applies the doctrinal approach (qualitative method). In conclusion, lessons and recommendations would be examined from various writers from different journals.

References

Branham-Paul Chima, “FRN V P&ID: Unveiling key lessons and analyzing their impact on Nigeria’s Legal Landscape; (With Commentary of Relevant Nigerian Case Laws on the Lessons)”.

Ekundayo O. Babatunde (2024). Appraisal of Legal Framework Governing Arbitration in Settlement of Contractual Disputes in the Nigerian Maritime Industry. Jus Gentium Journal of the Department of Jurisprudence and International Law, Faculty of Law, University of Benin, Benin City, Nigeria, Vol 2, Issue 1, 19- 20.

Hattie Middleditch (2024). A Case with No Winners: Lessons from Nigeria v. Process & Industrial Developments Ltd. New York Law School Law Review, January 2024, Volume 68, Issue 2.

Mahanakorn Partners Group (2021). Alternative Dispute Resolution Mechanisms: Arbitration and Mediation. June 2021.

Ohio Omiunu and Oludara Akanmidu, “Reflections on Nigeria V. Process & Industrial Developments Limited”, (International Law and Politics), Volume 53.

Paul Stothard, Olivia Fox and Mariana Plaza Cardenas (2024). Nigeria v P & ID: Caution against an Arbitral Tribunal’s non-interventionist approach to Arbitration? February, International Arbitration Report, Issue 21.

Wilfred Mutubwa, “Nigeria v P & ID and its effect on UNCITRAL Model Law Arbitration”, February 2024 (Afronomics Law).

Smith Kiiza, Sood Renu Pal, Gupta Malvika and Bhimta Averi, “Case analysis: Process & Industrial Development (P&ID) vs. The Federal Republic of Nigeria (2023)”, 2025, African Journal of Criminology and Justice Studies: Vol. 14: Iss. 2, Article 4.

Soram Agrawal, “Arbitration Clause in Contract”, Online Blog.

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Published

2025-08-22