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Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources

15 Nov 2021
Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources
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italaw181224 - P&ID v. Nigeria, Ordre of the United States Court of Appeals for the District of Columbia Circuit, November 15, 2021
Document Details:
LISTED PARTICIPANTS
italaw181224 - P&ID v. Nigeria, Ordre of the United States Court of Appeals for the District of Columbia Circuit, November 15, 2021
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
Karen LeCraft Henderson, Patricia Ann Millett, Justin Reed Walker
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
Nigeria, Process and Industrial Developments Ltd.
Country
United States
Print reporter
Document Summary
italaw181224 - P&ID v. Nigeria, Ordre of the United States Court of Appeals for the District of Columbia Circuit, November 15, 2021
This summary note is machine-generated. Always consult the original materials.

In the appellate proceedings between Process and Industrial Developments Limited and the Federal Republic of Nigeria, the United States Court of Appeals for the District of Columbia Circuit issued an order on its own motion inviting the United States Department of Justice (DOJ) to participate as amicus curiae.

The Court specifically requested the DOJ to articulate the views of the United States regarding the applicability of the implied waiver exception under the Foreign Sovereign Immunities Act (FSIA), codified at 28 U.S.C. § 1605(a)(1). The central legal issue addressed by the Court concerns whether a foreign sovereign, by becoming a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and agreeing to arbitrate a dispute in a Convention state, impliedly waives its sovereign immunity against actions seeking the recognition and enforcement of foreign arbitral awards in the courts of other Convention states.

The Court directed the DOJ to file its amicus curiae brief, subject to a 3,900-word limit, by December 30, 2021, requiring both electronic and physical submission to the Court.