Dealing with Arbitrator Challenge, Nondisclosure and Allegations of Bias: A Review of the Lagos Court Ruling Setting Aside the ICC Global Gas V. Shell Award - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Dealing with Arbitrator Challenge, Nondisclosure and Allegations of Bias: A Review of the Lagos Court Ruling Setting Aside the ICC Global Gas V. Shell Award by Bankole Sodipo - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Dealing with Arbitrator Challenge, Nondisclosure and Allegations of Bias: A Review of the Lagos Court Ruling Setting Aside the ICC Global Gas V. Shell Award Bankole Sodipo 86 4

This case review debunks the view that Nigeria is not arbitrator friendly. It outlines party autonomy and the independence and impartiality of arbitrators. It analyses the court’s decision that an arbitrator whose appointment is challenged must recuse himself. It discusses misconduct in other areas of law in contrast with misconduct in arbitration. It considers whether non-disclosure of prior engagement as expert witness for or against one party, or the non-disclosure of membership of a professional/trade association constitute a misconduct. It considers whether the court took the proper approach in determining if the president of the arbitral panel acted for Shell, or against Shell. It examines whether a court can amend an arbitration contract and empower parties to seek court trial. It discusses the extent to which a court can set aside an award on the grounds of error of law. It concludes that the decision is erroneous and should be reversed on appeal.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management