Case of the Day: Edwards v. Nigeria

The case of the day is Edwards v. Federal Government of Nigeria (D. Mass. 2018). In 2013, hundreds of local governments in Nigeria sued the Nigerian federal government and three federal officials in the Federal High Court, seeking “to recover money allegedly owed to them.” Dr. Ted Iseghohi Edwards claimed that he was a consultant to the plaintiffs. the High Court entered a judgment in the local governments’ favor for more than $3 billion. (more…)

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Case of the Day: Process and Industrial Developments v. Nigeria

The case of the day is Process and Industrial Developments Ltd. v. Federal Republic of Nigeria (D.D.C. 2018). P&ID sought confirmation of an arbitral award against Nigeria and its Ministry of Petroleum Resources. On P&ID’s motion, the court had set a briefing schedule that required Nigeria to respond to the petition for confirmation with all of its jurisdictional and substantive defenses. Nigeria moved to dismiss on grounds of foreign sovereign immunity. P&ID complained to the court that Nigeria had only sought dismissal on jurisdictional grounds. The judge agreed and ordered Nigeria to plead all of its jurisdictional and substantive defenses, and Nigeria took an interlocutory appeal. (more…)

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Case of the Day: Brittania-U Nigeria v. Chevron

The case of the day is Brittania-U Nigeria, Ltd. v. Chevron USA, Inc. (5th Cir. 2017). Brittania-U (the double-T is how it spells its name) sued Chevron USA, Ali Moshiri, and Moncef Attia in the Texas state courts. The claim was that Chevron Nigeria, a division of Chevron USA, had invited bids for the sale of its interest in Nigerian oil mining leases. Attia, who worked for BNP Paribas (Chevron’s advisor in the bidding process), invited Brittania-U to participate, and Moshri, a Chevron employee, was involved in the negotiations. Brittania-U and Chevron had signed a confidentiality agreement that contained an agreement to arbitrate disputes in London under the UNCITRAL Rules. Brittania-U alleged that it had submitted the high bid but had not won the auction. It sued for fraud in the inducement. The defendants removed the case to the district court and moved to dismiss. Brittania-U moved to remand the case to the Texas courts. The district court denied the motion to remand and granted the motion to dismiss on the grounds that questions of arbitrability were for the arbitrator to decide, and Brittania-U appealed.
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Case of the Day: Enron Nigeria Power Holding v. Nigeria

The case of the day is Enron Nigeria Power Holding, Ltd. v. Federal Republic of Nigeria (D.C. Cir. 2016). Nigeria was party to a contract for construction of electrical facilities with ENPH. The contract was made in 1999, but almost immediately thereafter Nigeria suspended implementation, after it received a letter from the World Bank criticizing the economics of the contract. Soon thereafter, the Nigerian attorney general opined that the contract was invalid under Nigerian law. Although Enron sought Chapter 11 bankruptcy protection in 2011, ENPH informed Nigeria at the time of the bankruptcy that it was able to perform its obligations under the contract. After years of trying to renegotiate, ENPH demanded an arbitration by the ICC’s International Court of Arbitration, in London. The ICC entered an award in favor of ENPH, and ENPH sought confirmation in Washington. The district court confirmed the award, and Nigeria appealed.
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Case of the Day: Gregor v. Otuorimuo

The case of the day is Gregor v. Otuorimuo (Conn. Super. Ct. 2016). The case was a divorce case. husband and the wife were married in Connecticut in 2011. The husband sued for a divorce, asserting that there had been an irretrievable breakdown in the marriage. The wife was living in Nigeria. The husband tried unsuccessfully to serve process by mail and then served process by publication. After the court decreed a dissolution of the marriage, the wife sought to vacate the judgment on the grounds of insufficiency of service of process. The court granted the motion.
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Case of the Day: Continental Transfert Technique v. Nigeria

The case of the day is Continental Transfert Technique Ltd. v. Federal Government of Nigeria (D.C. Cir. 2015). I last wrote about the case in August 2011. In 1999, Continental, a Nigerian corporation, made a contract with Nigeria’s Ministry of the Interior to create a computerized residence permit and alien card system. After disputes about the contract arose, Continental initiated an arbitration in London, pursuant to the contract. The arbitrators entered an award in favor of Continental in 2008 for ₦ 29.6 billion. Continental sought recognition and enforcement of the award in Washington. Here was my earlier summary of what happened next.
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