ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court sitting at Port Harcourt delivered on 28th June, 2005, in which it dismissed the appellant's application to set aside the Arbitral Award earlier made on 7th July, 2004. The lower court also granted leave to the respondent to enforce the said Arbitral Award.
The brief fact of the case is that, on 2nd June, 2003 the appellant entered into a sub-contract agreement with the respondent for spool fabrication, non-destructive examination and post weld heat treatment. By the clear terms of the sub-contracts agreement, any dispute arising from the execution and enforcement of the sub-contract would be resolved terminally by the Arbitration. Before the completion of the sub-contract, a dispute arose between the parties when the appellant, issued the respondent with a Notice of completion of work, titled "Demobilization Notice" which determined the agreement of the sub-contract…