Process & Industrial Developments Limited v The Federal Republic of Nigeria

Hearing listed

Case summary
Appeal

Case summary

Case ID

UKSC/2024/0117

Parties

Appellant(s)

Process & Industrial Developments Limited

Respondent(s)

The Federal Republic of Nigeria

Issue

When, if ever, should a court make an award of costs in a foreign currency?

Facts

Process & Industrial Developments Limited (“P&ID”) contracted with The Federal Republic of Nigeria (“Nigeria”) for the construction of a gas processing facility in Nigeria. A dispute followed and arbitration was commenced. In 2016 and 2017, damages were awarded in favour of P&ID for breach of contract totalling US$6.6 billion (the “Arbitration Awards”). Nigeria challenged the Arbitration Awards in the High Court under s.68 of the Arbitration Act 1996. The High Court set aside the Arbitration Awards upon finding that they were obtained by fraud. The High Court ordered P&ID to pay Nigeria’s costs and heard arguments on the currency in which costs should be paid. The value of sterling had appreciated against naira (the local currency of Nigeria) meaning that large sums turned on whether the costs order was awarded in sterling or naira. Nigeria argued that the costs award should be in sterling as it instructed English solicitors, in relation to litigation in England, was invoiced in sterling and had paid all invoices in sterling. P&ID argued that the appropriate currency was naira as it could be presumed that Nigeria took naira from its central government funds and converted it into sterling to pay for its solicitors’ bills. Further, any costs award received would likely be converted to naira. The High Court ordered that the costs award be paid in sterling. On 8 December 2023, P&ID applied for permission to appeal against the currency of the costs order. The High Court refused permission to appeal. P&ID sought permission to appeal to the Court of Appeal. The Court of Appeal heard and dismissed the appeal. P&ID now appeals to the Supreme Court.