The claimant, CTTL, entered into a supply agreement dated 25th May 1999 with the Federal Ministry of Internal Affairs of Nigeria (now known as the Ministry of the Interior) for a combined expatriate residence permit and aliens card scheme, pursuant to which CTTL was to produce and supply electronic residence cards for the Federal Ministry of Internal Affairs for use by the Nigeria Immigration Service. The agreement was subject to arbitration in Nigeria governed by Nigerian law. The arbitration clause provided as follows:

“In the event of any dispute, claim or difference which may arise out of or in relation to this contract and touching on the performance or breach thereof, the same shall first be settled amicably between the parties hereto and failure to reach settlement the matter shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act Cap 19 Vol 1 Laws of the Federation of Nigeria 1990. The party wishing to refer the matter to arbitration shall serve on the other party a 7 days notice to refer the matter to arbitration. On receipt of such notice both parties shall appoint an arbitrator who shall preside over the matter. The Law governing the proceedings shall be Nigeria Law and the award of the arbitrators shall be final and binding on all the parties hereto.”

It also provides that the governing law of the contract shall be the laws of the Federal Republic of Nigeria.