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IN THE HIGH COURT OF JUSTICE

Claim No: CL-2019-000752

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

COMMERCIAL COURT (KBD)

BEFORE: Mr Justice Robin Knowles CBE

Dated: 21 December 2023

IN AN ARBITRATION CLAIM

CL-2019-000752

AND IN THE MATTER OF APPLICATIONS UNDER SS. 67 AND 68 OF THE ARBITRATION ACT 1996

BETWEEN:

- and -

Claim No: CL-2018-000182

AND IN THE MATTER OF AN APPLICATION UNDER S.66 OF THE ARBITRATION ACT

BETWEEN:

- and -

ORDER

UPON P&ID's application under section 66 of the Arbitration Act 1996 dated 16 March 2018 to enforce the Final Award dated 31 January 2017 (Case No: CL-2018-000182) (the "Enforcement Application")

AND UPON the order of Butcher J in the Enforcement Application dated 26 September 2019, as varied by his Orders dated 28 November 2019 and 24 January 2020 (the "Butcher J Order")

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AND UPON Nigeria's challenge under sections 67 and 68 of the Arbitration Act 1996 and ancillary applications, including an application for an extension of time, dated 5 December 2019 (Case No: CL-2019-000752) to challenge the Award on Liability dated 17 July 2015 and the Final Award dated 31 January 2017 (“the Awards”), and an award on jurisdiction (the "Set-Aside Application" and the "Extension of Time Application", respectively)

AND UPON Nigeria's application to rely on new grounds to resist the Enforcement Application and ancillary applications, including an application for relief from sanctions, dated 5 December 2019 (the "Enforcement Response Application" and the "Relief from Sanctions Application", respectively)

AND UPON the Order of Sir Ross Cranston dated 10 September 2020 granting Nigeria's Extension of Time Application and Relief from Sanctions Application and varying paragraph 5 of the Butcher J Order

AND UPON costs having been reserved by (i) the Order of Mr Justice Butcher dated 9 December 2020, (ii) the Order of Mr Justice Foxton dated 4 February 2022, and (iii) the Order of Mr Justice Robin Knowles dated 15 December 2022 (the “Reserved Costs”).

AND UPON hearing Leading Counsel for Nigeria and P&ID at the substantive trial of the Set-Aside Application

AND UPON judgment being handed down on 23 October 2023 in Nigeria's favour (the “Judgment”), with the matter then being adjourned for argument on consequential matters

AND UPON the Court having found that the Awards were obtained by fraud and the way the Awards were procured was contrary to public policy for the purposes of s68(2)(g) of the Arbitration Act 1996

AND UPON hearing Leading Counsel for Nigeria and P&ID on a hearing on 8 December 2023 of matters consequential on the Judgment

IT IS ORDERED THAT:

Nigeria's Set-Aside Application and P&ID's Enforcement Application

1. The Awards (that is, the Award on Liability dated 17 July 2015 and the Final Award dated 31 January 2017) are hereby set aside in whole.

2. Leave to appeal is refused under section 68(4) Arbitration Act 1996 .

3. The Butcher J Order be set aside and the Enforcement Application against Nigeria be dismissed.

Costs

4. P&ID is to pay Nigeria its costs of and occasioned by the proceedings, including the Reserved Costs, to be assessed on the standard basis, if not agreed.

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5. The costs are to be paid by P&ID in £Sterling.

6. P&ID shall make an interim payment on account of the costs ordered in paragraph 4 above in the sum of £20m and within 28 days (from the hearing on 8 December 2023) into an account to be specified by Nigeria’s solicitors.

7. Without prejudice to the effect of the refusal of leave to appeal at 2. above, (a) permission to appeal having been sought by P&ID against the order at 5. above, that permission is refused and (b) a partial stay of the order at 6. above pending appeal having been requested, that partial stay is refused.

8. P&ID shall pay interest at a rate of 1% above Bank of England base rate on all amounts paid by Nigeria to its solicitors as costs and disbursements (including counsels’ fees) from the date on which the payment was made until the date hereof. Hereafter, the rate provided for in section 17 of the Judgments Act 1838 shall apply.

9. The issue of any liability (whether joint and several or any other) of any third parties for the costs of and occasioned by the proceedings as ordered above (or otherwise) is reserved, with liberty to apply, to Mr Justice Robin Knowles in the first instance, in relation to any third-party costs applications including any directions.

Provision and Deletion of Documents

10. P&ID (by Quinn Emanuel) will request that Stephen Hayes of Kobre & Kim (UK) LLP provide a copy of each of the documents ringfenced by Stephen Hayes by way of document production within 28 days, with all known copies of such documents within the control of P&ID to be permanently deleted by the end of such period of time.

Costs of the consequential matters

11. The costs of and occasioned by these consequential matters be costs in the case, to be included in the costs ordered at 4 above.

Generally

12. Liberty to apply, to Mr Justice Robin Knowles in the first instance.