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Africard v. Niger, Order of the United States District Court for the District of Columbia, July 24, 2018

25 Jul 2018
Africard Co Ltd. v. State of Niger, CCJA Case No. 003/2013/ARB
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Order of the United States District Court for the District of Columbia
Document Details:
LISTED PARTICIPANTS
Order of the United States District Court for the District of Columbia
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
Amy Berman Jackson
Claimant's counsel
Thomas J. McCormack, Michael Bhargava
Claimant's law firm
Respondent's counsel
Peter C. Dee, Alexander N. Breckinridge
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, Norton Rose Fulbright, Mavronicolas & Dee, Jones Walker, Africard Co Ltd.
Country
United States
Print reporter
Document Summary
Order of the United States District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document constitutes a Stipulation and Order issued by the United States District Court for the District of Columbia, formally resolving the enforcement proceedings brought by Africard Co. Ltd. against the Republic of Niger. The Order was entered by Judge Amy B. Jackson following a mutual stipulation by the parties to terminate the litigation.

Terms of the Stipulation and Order

The parties stipulated, and the Court subsequently ordered, the vacatur of a default judgment previously entered against the Republic of Niger on September 27, 2016, which had amounted to $46,128,410.46. The vacatur was executed pursuant to Federal Rule of Civil Procedure 60. Concurrently, the underlying enforcement action was dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

Operative Directions and Relief

To effectuate the settlement and dismissal, the Court directed the immediate withdrawal of any claims, actions, or attachments levied by the Petitioner against the Respondent's real property located at 5 East 80th Street in New York. Furthermore, the Order mandated the release of escrowed funds to an account designated by counsel for the Republic of Niger within three business days. Finally, counsel for Niger was instructed to advise the tenant of the New York property of their obligation to remit all future rental payments directly to the Republic of Niger, while Petitioner's counsel was directed to notify the United States Marshals Service regarding the entry of the Order and the dismissal of the action.