| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 184 (May) |
| Neutral Citation: | [2010] EWHC 790 (Comm) |
| Court: | Queen's Bench Division, Commercial Court |
| Judge: | Hamblen J |
| Representation | Paul Key (instructed by Eversheds LLP) for the claimant. |
| John Okoye (instructed by Gromyko Amedu) for the first four defendants. | |
| The fifth defendant was not represented. | |
| Judgment Dates: | 30 April 2010 |
Catchwords
Arbitration - Award - Enforcement - Action to enforce award - Award being made in favour of claimant in Nigeria - Claimant obtaining judgment to enforce award in United Kingdom - Defendant challenging validity of award in Nigeria and seeking stay or set aside of judgment - Whether judgment to enforce award to be set aside subject to security - Whether challenge to award having reasonable prospect of success - Whether application for stay bona fides - Whether stay causing prejudice to claimant - .
The Case
Arbitration Award. The Commercial Court in the exercise of its discretion under s 103(5) of the Arbitration Act 1997, granted the defendants, the Government of Nigeria, a stay of a judgment to an enforce an arbitration award in the United Kingdom, made against them in Nigeria but only on the basis of substantial security in favour of the claimant.
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