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P&ID v. Nigeria, Petition to Confirm Arbitration Award, March 16, 2018

16 Mar 2018
Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources
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Petition to Confirm Arbitration Award
Document Details:
LISTED PARTICIPANTS
Petition to Confirm Arbitration Award
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
Claimant's counsel
Michael S. Kim, Josef M. Klazen, Marcus J. Green
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
Kobre & Kim, Nigeria, Process and Industrial Developments Ltd.
Country
United States
Print reporter
Document Summary
Petition to Confirm Arbitration Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition to Confirm Arbitration Award filed by Process and Industrial Developments Limited (P&ID) against the Federal Republic of Nigeria and its Ministry of Petroleum Resources in the United States District Court for the District of Columbia. The petition seeks the recognition and enforcement of a final arbitral award issued in London on January 31, 2017, pursuant to the New York Convention and Chapter 2 of the Federal Arbitration Act (FAA).

Factual and Procedural Background

The underlying dispute arose from a 2010 Gas Supply and Processing Agreement under which Nigeria was obligated to supply wet gas to a processing facility constructed by P&ID. Following Nigeria's failure to perform, a London-seated arbitral tribunal found Nigeria liable for repudiation and subsequently awarded P&ID approximately $6.6 billion in damages, plus 7% interest. Nigeria's attempts to set aside the liability award in the English courts were dismissed as untimely and lacking merit, prompting P&ID to seek enforcement in the United States.

Legal Basis and Relief Sought

P&ID asserts that the District Court possesses subject matter jurisdiction pursuant to 9 U.S.C. § 203 and 28 U.S.C. § 1330(a), arguing that Nigeria waived its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) by agreeing to arbitrate. The petitioner contends that none of the exhaustive grounds for refusal under Article V of the New York Convention apply. Consequently, P&ID requests an order confirming the final award, entry of judgment for the principal sum plus accrued interest, post-judgment interest, and associated costs.