Close Menu
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions

Subscribe to receive Updates

Get the latest updates from us

What's Hot

US Mission Tells Nigerians Visa Application Fees Are Non-Refundable

October 15, 2026

Olanipekun, SAN, Urges CJN to Intervene Over Non-Hearing of Applications for Leave to Appeal, Says Judges Cannot Create Their Own Jurisprudence

October 15, 2026

Nigeria Begins Enforcement Of $40m English Judgment Against Bashar, Ultimate Oil & Gas

September 25, 2026
Facebook X (Twitter) Instagram
Facebook X (Twitter) Instagram
Lawbreed Blog
Visit our Website
  • Home
  • News Update

    US Mission Tells Nigerians Visa Application Fees Are Non-Refundable

    October 15, 2026

    ICPC dismisses security officer for helping el-Rufai’s wife bypass protocol to see him

    September 4, 2026

    Police dismiss three officers over UNIPORT graduate killing

    September 4, 2026

    Uber shuts down operations in Nigeria, Uganda

    September 4, 2026

    Court Restrains Kano Hisbah From Arresting Christian Convert, Upholds Right to Change Faith

    August 18, 2026
  • Legal Updates

    Case Law Friday: Substantial Justice Over Technicalities – A Supreme Court Insight from FRN v. Odeh (2025) 4–5 S.C. (Pt. I) 1 @ 35–38

    April 17, 2026

    Recalibrating Physical Planning In Nigeria

    September 19, 2025

    How to Process a Change of Name at the Supreme Court : Updated Requirements

    May 8, 2025

    What residents should know and do about Wike’s land policy to protect properties

    April 15, 2025

    EXPLAINER: What constitution says about emergency rule, governor’s suspension

    March 19, 2025
  • Free Legal Resources

    Trump suffers major Supreme Court defeat as justices uphold birthright citizenship (Download Judgment)

    June 30, 2026

    (Download Bill) Nigeria Moves Closer to State Policing as Constitution Alteration Bill is Released

    June 25, 2026

    [Download Judgment] Court convicts Nnamdi Kanu on all seven terrorism counts in Abuja

    November 20, 2025

    US court orders FBI, DEA to release records on Tinubu’s investigation (See UNITED STATES DISTRICT COURT MEMORANDUM OPINION)

    April 14, 2025

    Relief for Tinubu as U.S. judge denies Greenspan’s motion to fast-track confidential records disclosure by FBI, CIA, others

    October 24, 2023
  • Law News

    Olanipekun, SAN, Urges CJN to Intervene Over Non-Hearing of Applications for Leave to Appeal, Says Judges Cannot Create Their Own Jurisprudence

    October 15, 2026

    ECOWAS Calls For Stronger Enforcement Of Court Judgments, Appeals Division To Bridge Justice Gap

    September 25, 2026

    “Court Of Appeal Stays Judgment Reinstating Akemokue As Okuokpellagbe” — Sado Remains On Stool Pending Appeal

    September 25, 2026

    UNILAG Law Faculty Honours 34 First-Class Bar Graduates, Celebrates WIPO Moot Court World Champions

    July 30, 2026

    Festus Okoye Warns Onerous Bail Conditions Are Fueling Rise of Professional Sureties

    July 29, 2026
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed Blog
Home»Legal Updates»Arbitration: Enforcement of Arbitral Award in England against FAAN! (Download)
Legal Updates

Arbitration: Enforcement of Arbitral Award in England against FAAN! (Download)

Lawbreed LimitedBy Lawbreed LimitedNovember 27, 2020Updated:March 11, 2021No Comments5 Mins Read
Facebook Twitter Pinterest LinkedIn Tumblr Email
Arbitration agreement and gavel on a desk- Image source: Image Source- https://bit.ly/2XcCCTM
Share
Facebook Twitter LinkedIn Pinterest Email WhatsApp

Case No: A1/2019/3127

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM VERONIQUE BUEHRLEN QC
(SITTING AS A DEPUTY JUDGE OF THE HIGH COURT)
TECHNOLOGY AND CONSTRUCTION COURT
HT-2019-000060
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 26/11/2020
Before:
LORD JUSTICE FLAUX
LORD JUSTICE COULSON
and
LADY JUSTICE CARR
– – – – – – – – – – – – – – – – – – – – –
Between:
AIC LIMITED Appellant
– and –
THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA Respondent
Paul Key QC (instructed by Mc Dermott Will & Emery UK LLP) for the Appellant
Riaz Hussain QC (instructed by Curtis, Mallet-Prevost, Colt & Mosle LLP) for the
Respondent
Hearing date: 20th October 2020
– – – – – – – – – – – – – – – – – – – – –

Approved Judgment

“Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down is deemed to be 10:30am, Thursday 26th November 2020.”

LORD JUSTICE COULSON :
1 INTRODUCTION
1. At a hearing on 6 December 2019, Veronique Buehrlen QC, sitting as a Deputy High Court Judge (“the judge”) ordered that the appellant (“AIC”) have leave to enforce an Arbitration Award (“the Award”) in its favour in the sum of US$ 48 million odd (together with interest). That order was not in substance opposed. However, a week later, on 13 December 2019, the judge allowed an application by the respondent (“FAAN”) to reconsider her order of 6 December, and she rescinded AIC’s right to enforce the Award. She also granted FAAN relief from sanctions. AIC now seek to appeal the reconsidered order of 13 December.

2. The appeal raises issues as to the correct approach to an application to reconsider an order after its pronouncement in open court but before the order itself has been sealed and whether, in all the circumstances of this case, the judge properly exercised her discretion in reversing her earlier order. There was also a secondary issue, raised by FAAN for the first time on this appeal, to the effect that the judge’s earlier order did not contain any sanction, so that (despite the fact that FAAN originally made the application for relief from sanctions in accordance with the test set out in Denton v TH White [2014] EWCA Civ 906, [2014] 1 WLR 3926) this was not a case of relief from sanctions in any event.

3. In order to deal with these issues, it is unfortunately necessary to set out the history in some detail. I am satisfied that, throughout this tortuous process, the English Courts have endeavoured to do justice between the parties, and repeatedly made themselves available at short notice to resolve the seemingly endless disputes that have arisen between them. Little else in this unedifying story is deserving of the same approbation.

2 THE FACTUAL BACKGROUND
4. AIC is a Nigerian construction and property development company. FAAN is an entity incorporated by a Nigerian governmental decree. It operates and maintains Nigeria’s federal airports. The evidence demonstrates that FAAN is, to all intents and purposes, a State Agency. Its revenues are its own, and its Governing Board has the power to
decide how that revenue may be spent.

5. By a Deed of Lease dated 17 February 1998, FAAN leased a site at Lagos airport to AIC for a term of fifty years, in order that AIC could develop a hotel and resort complex there. However, by letter dated 16 May 2000, FAAN directed AIC to refrain from work on the hotel development, and AIC have never been permitted to continue with the
construction of the hotel and resort. AIC claimed damages against FAAN for this breach of the Deed of Lease.

6. The dispute between the parties was referred to a Nigerian-seat arbitration inaccordance with an agreed arbitration clause. The commencement of the arbitration was delayed for 6 years because FAAN refused to appoint (or agree to the appointment of) an arbitrator. Eventually, there was a full hearing. On 1 June 2010, the Award was
made by Mr Justice Kayode Eso in favour of AIC in the sum of over US $48 million together with interest. It has never been suggested that this was anything other than a valid arbitration award.

7. In July 2010, FAAN applied in the Nigerian High Court to set aside the Award on various grounds. Although that challenge was upheld at first instance by Buba J, it was overturned on appeal (albeit on a jurisdictional issue). FAAN sought to appeal again, this time to the Supreme Court of Nigeria. Unhappily, ten years after the promulgation of the Award, the appeal in respect of the application to set aside has still not been resolved, and no-one can say when it might even be considered. Indeed, the gloomy view was expressed that resolution of the matter in Nigeria could still be many years away.

Continue reading and/or download Judgment below:

Loading Viewer...

[mks_button size=”medium” title=”Download” style=”squared” url=”https://lawbreed.blog/wp-content/uploads/2020/11/The-Federal-Airports-Authority-of-Nigeria-v-AIC-Limited-judgment-1.pdf” target=”_self” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

 

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
Lawbreed Limited
  • Website
  • Facebook
  • X (Twitter)
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

Case Law Friday: Substantial Justice Over Technicalities – A Supreme Court Insight from FRN v. Odeh (2025) 4–5 S.C. (Pt. I) 1 @ 35–38

April 17, 2026

Recalibrating Physical Planning In Nigeria

September 19, 2025

How to Process a Change of Name at the Supreme Court : Updated Requirements

May 8, 2025

Comments are closed.

Top Posts

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026591 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026566 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025562 Views

Federal High Court Declares Lower Courts Lack Powers to Freeze Bank Accounts

January 16, 2026475 Views
Don't Miss

US Mission Tells Nigerians Visa Application Fees Are Non-Refundable

General Update October 15, 2026

The US Mission Nigeria has clarified that visa application fees are non-refundable, regardless of whether…

Olanipekun, SAN, Urges CJN to Intervene Over Non-Hearing of Applications for Leave to Appeal, Says Judges Cannot Create Their Own Jurisprudence

October 15, 2026

Nigeria Begins Enforcement Of $40m English Judgment Against Bashar, Ultimate Oil & Gas

September 25, 2026

ECOWAS Calls For Stronger Enforcement Of Court Judgments, Appeals Division To Bridge Justice Gap

September 25, 2026

“Court Of Appeal Stays Judgment Reinstating Akemokue As Okuokpellagbe” — Sado Remains On Stool Pending Appeal

September 25, 2026
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram

Subscribe to get Updates

Get the latest creative news delivered to your email. subscribe now

Supreme Court Report Online (S.C. Report Online) – CLICK TO SUBSCRIBE
SUPREME COURT REPORTS ONLINE - LAWBREED.COM
Our Picks

Court Restrains Kano Hisbah From Arresting Christian Convert, Upholds Right to Change Faith

August 18, 2026

UK Barrister Disbarred After Recording Family Court Proceedings Without Consent

August 18, 2026

UNILAG Law Faculty Honours 34 First-Class Bar Graduates, Celebrates WIPO Moot Court World Champions

July 30, 2026

Ukraine Challenges IOC Decision to Reinstate Russian Olympic Committee

July 30, 2026
Don't Miss

US Mission Tells Nigerians Visa Application Fees Are Non-Refundable

General Update October 15, 2026

The US Mission Nigeria has clarified that visa application fees are non-refundable, regardless of whether…

Olanipekun, SAN, Urges CJN to Intervene Over Non-Hearing of Applications for Leave to Appeal, Says Judges Cannot Create Their Own Jurisprudence

October 15, 2026

Nigeria Begins Enforcement Of $40m English Judgment Against Bashar, Ultimate Oil & Gas

September 25, 2026

ECOWAS Calls For Stronger Enforcement Of Court Judgments, Appeals Division To Bridge Justice Gap

September 25, 2026
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook X (Twitter) Instagram YouTube LinkedIn WhatsApp
Tags
#2023Election Adeleke AGF AI AMCON APC Atiku Bamise Bandits Bill BOSAN Bribe BRT Buhari CBN CJN Covid EFCC FEA feature featured FG FHC FIRS Fraud INEC Lawbreed LAYI BABATUNDE SAN metro Multichoice NBA NICN NJC Nnamdi Kanu NPC Obi Osun State Popular SAN Supreme Court Tax Tinubu Trending Twitter VAT
Most Popular

Trump, Sons, and Trump Organization File $10bn Lawsuit Against IRS and Treasury Over Tax Data Breach

January 30, 2026591 Views

$2bn debt dispute: Court rejects Olanipekun, Banire’s appointments as counsels to Nestoil, Neconde

January 23, 2026566 Views

UK introduces eVisas for Nigerian study, work visa applicants

July 9, 2025562 Views

Type above and press Enter to search. Press Esc to cancel.