Oba Nsugbe KC, SAN

Oba has extensive international arbitration experience both as an arbitrator and as counsel. A selection of ongoing and recent arbitration cases include:

ICC25501/DDA
Co-arbitrator with Dominic Spenser Underhill and Charles Debattista KC: Contractual dispute between two Sierra Leonian companies in relation to damage caused to Claimant’s plant, machinery and equipment by allegedly defective petroleum products purchased from the Respondent – breach of Settlement Agreement; damages; causation; expert evidence.

International Centre for the Settlement of Investment Disputes (“ICSID”)
Interocean v the Federal Republic of Nigeria – Lead Counsel with Supo Shasore SAN for the Interocean companies in multi-million dollar arbitration investor protection claim against the Nigerian Government; whether oil and gas investment directly or indirectly expropriated

LCIA No 153160 (with Dr Tunde Ogowewo and Alain Choo Choy KC)
Commercial dispute between Zambian power utility company and Nigerian electricity distribution company following successful prequalification and registration with the Nigerian Bureau of Public Enterprise  (BPE);  whether Shareholders and Funding and Agreements breached; nature and effect of alleged misrepresentations; whether shares validly transferred; status of escrow agreement and further equity commitment; whether Zambian company entitled to declaratory relief and damages.

LCIA No 173709 (Sole arbitrator)
Sole arbitrator in substantial sale of business and share purchase agreement dispute of established Kenyan confectionaries company to P.E; claim for alleged breaches of Business Transfer and Share Purchase Agreements; whether performance of the business overstated; misrepresentation and/or breach of warranties; whether sellers entitled to the “Retention Amount”; measurement of damages in breach of warranty and/or misrepresentation case.

International Tribunal for the Law of the Sea (“ITLOS”)
Counsel for Switzerland in arbitration against Nigeria before ITLOS under UN Convention on the Law of the Sea; arrest and detention of Swiss ship and crew in Nigeria EEZ; whether Nigeria in  breach of convention duties; provisional measures application; effect of proceedings in domestic court for alleged offences by ship owner, charterers and crew.

London Maritime Arbitrators Association – 2020.1578AEV
Co-arbitrator – Norwegian Owners of vessels sue for alleged breach of time charter party by Nigerian offshore service vessel operator; claim for alleged unpaid hires fees and damages; whether repudiatory breach by charterers; whether force majeure clauses properly triggered; effect of COVID-19.

ICC 24188/TO
Co-arbitrator with Olufunke Adekoya SAN C.Arb and Chikwendu Madumere C.Arb (Chair ); dispute in relation to agreement for sale of Tank Farms between AMCON and Nigerian companies; whether breach of contractual warranties; whether condition precedent incorporated into agreement; whether deposit wrongfully retained; whether entitled to damages for breach of contract.

LCIA 194508
Sole Arbitrator; contractual dispute between US owned multinational and Nigerian company over alleged breach of Strategic Cooperation Agreement for Special Presidential Intervention Project in the Tertiary Health Sector; whether SCA gave rise to binding legal obligations; whether breach.

ICC 19021/MD
Co- arbitrator with Mr Michael Tselentis KC (Chair) and Mr Vinayak Pradhan in tripartite engineering project dispute over design and upgrade of operations and security complex at OML58 in Nigeria.

ICC 15539/VRO
Counsel for multinational steel construction companies in arbitration claim against Nigerian Government alleging expropriation of investments and wrongful termination of concessions. Case presently stayed for mediation.

LCIA
Acting as Counsel for one of Nigeria’s largest insurance companies defending a claim for breach of reinsurance agreements – effect of non-payment of premiums.

LCIA No.132515
Counsel for UK based private equity in claim against Investment Manager and one of its Directors for alleged fiduciary and contractual breaches of senior loan note subscription agreement.

ICC
Advising UK company on contractual dispute involving supply of security equipment to African country.

ICC 29386/TO
Acting for Nigerian Oil services company defending claim for alleged breaches of joint bidding and tender for lifeboat services brought by multinational company.

ICC 20558/TO
Acting for Nigerian company in claims against Chinese multinational for alleged payment failures under Zungeru Power Project bidding and services agreements law.

ICC Case No.14417/EBS/VRO/AGF
Acting for Lagos State in large scale arbitration involving Enron. Defending Lagos State against substantial claims for damages for alleged breaches of power supply projects.

LCIA No.  UN 81038 :
Acting as arbitrator with in substantial arbitration involving a multinational oil company and its Nigerian oil services party where breaches of contracts and bailment alleged.

LCIA Arbitration No. 184113 C
Co-arbitrator with Professor Zachary Douglas (Chair) and Claire Ambrose. Dispute over electricity sale and supply contract. Whether one party had power to suspend contract over alleged non-payment. Effect of Italian Government regulatory changes on General Agreement.

LCIA Arbitration No. 153195:
Co-arbitrator with Makhdoom Ali Khan SC and Jonathan Hirst KC in ongoing international arbitration. Oil and Gas Dispute – disagreement over effect of performance guarantees and “Crude Swap”contract.

ICC Case No. 203331/TO :
President (with co-arbitrators Mrs Dorothy Ufot SAN and Mrs Doyin Rhodes-Vivour)  in arbitration at the Lagos Court of Arbitration involving dispute between a multinational and indigenous gas processing operator over alleged breached of a Gas Production Agreement in which multinational was to supply domestic company with rich gas for processing to natural gas liquid.

LCIA
Acting for Norwegian based insurers and marine geophysical company in arbitration pursuant to Arbitration and Conciliation Act(Cap A18) Laws of the Federation of Nigeria involving collision between vessel and offshore platform in Nigerian coastal waters.

Arbitrator in ad hoc arbitration under Arbitration Act 1996 with Christopher Symons KC and Anthony Marks. UK company claiming substantial damages against Nigerian Bank for failure to make payments under services agreement to design a prepaid card programme under Visa and Mastercard brands.

LCIA No. 184023
President of Tribunal with Dame Elizabeth Gloster DBE and Sir Bernard Eder. Substantial and complex shareholders dispute between multinational telecoms provider operating all over Africa and its local Cameroonian shareholder. Whether tranche loans repaid, whether breaches of numerous assignment, hypothecation, and loan agreements, whether breaches of local law and illegality shown, whether various services agreements under sale share agreement made at arm’s length and in good faith.

LCIA 194508
Sole Arbitrator in Nigerian contractual dispute between multinational logistics and services company and Nigerian medical equipment provider. Whether strategic services cooperation breached, whether procedurally fair to hold remote hearing where one party objects.

LCIA No. 204945
President of Tribunal with Anibal Sabater and Kabir Duggal. Alleged breach of Rig Share Deed and Aviation Services Sharing Agreements; whether claims to be consolidated under Art 22.8(ii) LCIA Rules; whether cases suitable for Early Determination under Art 22,1 (viii); correct procedure and test to be applied; whether equivalent of summary judgment under English CPR.

LCIA No. 204819
Co-arbitrator with Mr Segun Osuntokun and Alain Choo Choy KC (Presiding). Contractual dispute concerning Share Purchase Agreement to purchase of leading retailer of fuels and lubricants in Nigeria; whether failure to disclose liabilities by seller and/or material misstatement of company value; breach of warranty, whether due diligence adequately carried out; appropriate loss valuation method; whether value at accounting date or execution date.