Facts:

The appellant is an international institution engaged in the re-insurance business, the respondent a Nigerian company engaged in construction consultancy. A dispute arose from the consultancy agreement between the parties with regard to the professional fees due to the respondent for the supervision of the headquarters complex of the appellant, in Victoria Island Lagos; the contract had an arbitration stipulation in Article 28. Accordingly the dispute was referred to arbitration. The present respondent became the claimant at arbitration and the present appellant was the respondent and counter-claimant to the claims for professional fees etc. 

A partial award was given to the respondent. The appellant sought to stay the partial award from the arbitral tribunal. The arbitral tribunal directed parties to ex change briefs. The arbitral tribunal gave its award in favour of the respondent without hearing the parties further. 

The appellant was dissatisfied with the arbitral award and it filed an originating summons at the High Court, Lagos seeking to set aside the award. The suit was dismissed by the trial court. 

The appellant was dissatisfied with the dismissal of its suit and it appealed to the Court of Appeal.