||All England Reporter
|| All ER (D) 184 (May)
|| EWHC 790 (Comm)
||Queen's Bench Division, Commercial Court
||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.
||30 April 2010
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 - .
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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