Notice: We are currently performing maintenance to improve the italaw platform. The site remains fully accessible. Thank you for your patience.

AHS Niger and Menzies v. Niger, Opinion and Order of the US District Court for the Southern District of New York, July 28, 2026

28 Jul 2026
AHS Niger and Menzies Middle East and Africa S.A. v. Republic of Niger, ICSID Case No. ARB/11/11
View case details
Opinion and Order of the US District Court for the Southern District of New York
Document Details:
LISTED PARTICIPANTS
Opinion and Order of the US District Court for the Southern District of New York
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Jesse M. Furman
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Niger, Menzies Middle East and Africa SA
Country
United States
Print reporter
Document Summary
Opinion and Order of the US District Court for the Southern District of New York
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

The United States District Court for the Southern District of New York issued an Opinion and Order addressing a motion by the petitioner for a writ of attachment and execution, as well as a restraining notice, against a New York property owned by the Republic of Niger. The petitioner sought to execute upon the property to satisfy an approximately $7 million ICSID arbitral award rendered in 2013, which had been subsequently confirmed by the United States District Court for the District of Columbia and registered in the Southern District of New York.

Positions of the Parties

Niger opposed the motion, asserting sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and diplomatic immunity under Article 25 of the 1961 Vienna Convention on Diplomatic Relations. Niger argued that the rental proceeds generated by the property were utilized to fund its Permanent Mission to the United Nations, thereby shielding the asset from execution. The petitioner maintained that the property was subject to execution under the FSIA's commercial activity exception.

Court's Analysis and Findings

The Court rejected Niger's immunity defenses, determining that the property fell squarely within the "commercial activity" exception to sovereign immunity under 28 U.S.C. § 1610(a). Applying Second Circuit precedent, the Court emphasized that the commercial character of an activity is determined by its nature rather than its purpose. By leasing the property to private tenants, Niger acted as a private commercial landlord in the marketplace, rendering the ultimate public or diplomatic purpose of the rental income irrelevant.

Furthermore, the Court dismissed Niger's reliance on the Vienna Convention, noting that the attachment of the property itself—as opposed to embassy bank accounts—would not force the diplomatic mission to cease operations, as Niger could fund the mission through its central treasury. The Court also confirmed that the procedural requirements of 28 U.S.C. § 1610(c), including the lapse of a reasonable period following the entry of judgment and proper notice to the foreign state, had been satisfied.

Decision

The Court granted the petitioner's motion for a writ of attachment and execution and a restraining notice pursuant to N.Y. C.P.L.R. § 5222. The parties were directed to confer and submit a proposed writ and restraining notice for the Court's endorsement within one week.