International Arbitration Newsletter - May 2017

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting enforcement of a Nigerian arbitral award made in favor of IPCO (Nigeria) Limited (IPCO). The UK Supreme Court confirmed that the English courts do not have jurisdiction under section 103(5) of the English Arbitration Act 1996 (the Act) to compel a party to provide security as a condition for resisting enforcement of an award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), unless an adjournment of the English enforcement proceedings is sought pending resolution of an application to set aside or suspend the award in the courts of the seat.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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