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On appeal from: [2015] EWCA Civ 1144; [2015] EWCA Civ 1145.

This appeal concerns the enforcement in England of a Nigerian arbitration award. The issue before the Court is whether the appellant, NNPC, should have to put up a further $100m security in the English enforcement proceedings, as a condition of being entitled to advance a good arguable defence that enforcement should be refused under the Arbitration Act 1996, s 103(3).

Unanimously allowing the appeal, nothing in s 103(2) or (3) (or in the underlying provisions of article V of the New York Convention) provides a power to make an enforcing court’s decision on an issue raised under these provisions conditional on an award debtor providing security in respect of the award.

Similarly, the requirement to provide security could not be justified by reference to general English procedural rules. The conditions for recognition and enforcement set out in articles V and VI of the New York Convention (to which s 103(2), (3) and (5) give effect) constitute a complete code intended to establish a common international approach.

For judgment, please download: [2017] UKSC 16
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court website (2 Feb 2017 morning session), (2 Feb 2017 afternoon session).