Skip to main content
Kent Academic Repository

Reflections on Nigeria v. Process & Industrial Developments Limited (P&ID)

Omiunu, Ohiocheoya, Akanmidu, Oludara (2021) Reflections on Nigeria v. Process & Industrial Developments Limited (P&ID). NYU Journal of International Law and Politics Online Forum, 53 . pp. 110-124. ISSN 1742-3945. (KAR id:104602)


Following an unprecedented ruling by an English High Court on an application in the Nigeria v Process & Industrial Developments Limited (P&ID) case granting Nigeria an extension in time to bring challenges under sections 67 and 68(2)(g) of the English Arbitration Act 1996 ("the 1996 Act"), this article reflects on the implication of the public policy elements of fraud relied on by Nigeria. The article interrogates the reasoning behind the Court's decision, especially pertaining to the allegations of fraud in the procurement of the underlying contract - a Gas Supply and Processing Agreement ('GSPA'). The article also explores some economic justice themes arising from Nigeria's reliance on fraud as a basis for challenging the arbitration award. Drawing on a recent decision of the Mozambique Constitutional Council over illegally procured sovereign debts, it argues that there are parallels and opportunities for learning, especially as it pertains to the role of civil society organisations (CSOs) in holding public officials accountable and exposing odious deals with corrupt foreign conspirators. The reflection concludes with some thoughts on an ongoing debate that has gained traction due to the Nigeria v P&ID case that adopting a national arbitration policy is a viable option for reducing African countries' dependence on foreign courts and arbitration tribunals as a forum for settling disputes with foreign investors.

Item Type: Article
Subjects: K Law > KZ Law of Nations
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Ohiocheoya Omiunu
Date Deposited: 14 Jan 2024 17:39 UTC
Last Modified: 16 Jan 2024 10:29 UTC
Resource URI: (The current URI for this page, for reference purposes)

University of Kent Author Information

  • Depositors only (login required):

Total unique views for this document in KAR since July 2020. For more details click on the image.