Arbitration Links - Linklaters
  • Year: 2017
  • Month: April
  • Topic: New York Convention
  • Jurisdiction: England & Wales

UK Supreme Court on security and challenging enforcement of arbitral awards

20 April 2017 Rebecca James, England & Wales; Europe


The UK Supreme Court has recently overturned a ruling of the Court of Appeal which effectively required the Nigerian National Petroleum Corporation (“NNPC”) to provide security as a condition to challenging the enforcement of an award on public policy grounds pursuant to section 103(3) of the Arbitration Act 1996 (the “Arbitration Act).  This decision represents the latest development in a long-running legal saga involving protracted proceedings to challenge the award in Nigeria as well as enforcement proceedings in England.

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