28th November 2023

Corruption, Nigeria v P&ID and the laws of evidence: how should international arbitration respond?

Dr Satya Talwar Mouland

This article considers the powers available to arbitral tribunals, under both arbitral rules and national legislation, to control the production and presentation of evidence in international arbitration proceedings. In the recent decision in Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm) to set aside a multi-billion dollar award rendered against Nigeria, the English Commercial Court raised significant concerns about the potential for fraud and other abuses of process to be perpetrated in arbitration proceedings, especially where a tribunal adopts a non-interventionist approach and there is an inequality of arms between the parties. This article considers potential responses to this concern.

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