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P&ID v. Nigeria, Judgment of the United States Court of Appeals for the District of Columbia Circuit, March 11, 2022

11 Mar 2022
Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources
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Judgment of the United States Court of Appeals for the District of Columbia Circuit
Document Details:
LISTED PARTICIPANTS
Judgment of the United States Court of Appeals for the District of Columbia Circuit
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
Judgment of the United States Court of Appeals for the District of Columbia Circuit
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Judgment issued by the United States Court of Appeals for the District of Columbia Circuit, addressing an appeal from the United States District Court for the District of Columbia. The appeal concerns the application of sovereign immunity defenses raised by the Federal Republic of Nigeria and its Ministry of Petroleum Resources against Process and Industrial Developments Limited in the context of arbitral enforcement proceedings.

Court's Analysis and Decision

The Court of Appeals affirmed the judgment of the District Court. In its operative ruling, the appellate court held that the requirements of the arbitration exception to foreign sovereign immunity, codified at 28 U.S.C. § 1605(a)(6) of the Foreign Sovereign Immunities Act (FSIA), were fully satisfied. Consequently, the Court concluded that Nigeria’s sovereign immunity was validly abrogated, permitting the underlying proceedings to continue. The Judgment was issued per curiam, with the formal opinion of the court filed concurrently by Circuit Judge Henderson.