Appeals against awards: appeal against costs orders

The primary question for the Court of Appeal in Process & Industrial Developments Ltd v Federal Republic of Nigeria [2024] EWCA Civ 790; [2024] 2 Lloyd's Rep 53 was whether the Court of Appeal could give leave to appeal against the judge's order on the currency in which costs were to be paid following the overturning of an award under section 68 of the Arbitration Act 1996. The Court of Appeal held that the bar on the Court of Appeal giving leave to appeal under section 68(4) in respect of decisions under section 68 did not extend to costs orders.

Process & Industrial Developments: the facts