NNPC v Stat Oil: An Eye Opener for Judicial Assistance in Arbitration

Abstract

This article depicts the worthiness of the Court of Appeal’s decision in the case of NNPC v Statoil (Nigeria) Ltd. Texaco Nigeria Outer Shelf Ltd. Section 34 of the Arbitration and Conciliation Act which is impari material with Article 5 of UNCITRAL Model Law has being largely contested in Nigeria and other jurisdictions. This article reveals that, that section of the law only restricts the involvements of courts in arbitration rather than excluding it totally. Arbitration cannot survive without courts involvement but such involvement must be on the basis of assistance to a reasonable degree. This article shows that the injunction granted by the Federal High court for the stay of arbitral proceedings was not known to law as it is contrary to the jurisprudence of arbitration coupled with the breach of natural justice. The decision of the Court of Appeal re-focused judicial assistance in arbitration in Nigeria.

Keywords: NNPC v Statoil (Nigeria) Ltd, Texaco Nigeria Outer Shelf Ltd, Judicial Assistance, Arbitration, Arbitration and Conciliation Act, UNCITRAL Model Law