Facts
The Respondent (Chevron Nigeria Limited (CNL)) and Addax Petroleum Development (Nigeria) Limited (Addax) (substituted with Nigeria National Petroleum Corporation Limited) had executed a Crude Handling Agreement (CHA) prescribing the allocation methodology of their comingled crude oil between the parties. A dispute arose on the allocation methodology applied by Addax. The dispute was submitted to regulatory authorities for resolution. Dissatisfied with the outcome, Addax invoked the arbitration clause in the agreement, and a three-man Arbitral Tribunal was constituted to resolve the dispute, namely, (i)Mr. Abdul-Lateef Jinadu; (ii) Dr. Tunde Ogowewo; and (iii) Babajide O. Ogundipe (Chairman). After hearing submissions of parties, the tribunal made a Partial Final Award on 2nd September 2020 and Final Award dated 8th October 2020, and awarded the sum of $170,799,382.00 to CNL, being monetary value for the 1,290,265 barrels of crude oil claimed by CNL as its alleged loss to Addax, among other reliefs in its Counter Claim.
Dissatisfied, the Applicant filed an Originating Motion dated 5/11/2020, seeking inter alia, an Order setting aside the Partial and Final Awards on twelve grounds. The Respondent filed a Notice of Preliminary Objection dated 23/11/2020, challenging the jurisdiction of the court to review the two awards in the Originating Motion.
