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P&ID v. Nigeria, First Witness Statement of Michael Quinn, February 10, 2014

10 Feb 2014
Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources
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First Witness Statement of Michael Quinn
Document Details:
LISTED PARTICIPANTS
First Witness Statement of Michael Quinn
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
Anthony Evans
Respondent appointee
Christopher Adebayo Ojo
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
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
Michael Quinn
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Process and Industrial Developments Ltd., Nigeria
Country
Print reporter
Document Summary
First Witness Statement of Michael Quinn
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Purpose

This document is the First Witness Statement of Michael Quinn, Chairman of Process and Industrial Developments Limited (P&ID), submitted in support of the Claimant’s Request for Arbitration dated 22 August 2012. The arbitration, governed by the Nigerian Arbitration and Conciliation Act, concerns claims for damages arising from the alleged repudiatory breach by the Ministry of Petroleum Resources of the Federal Republic of Nigeria of a Gas Supply and Processing Agreement (GSPA) executed on 11 January 2010.

Factual Background and Key Positions

The witness statement details the extensive factual background leading to the execution of the GSPA, under which P&ID was to construct gas processing facilities in Calabar to strip natural gas liquids (NGLs) from wet gas supplied by the Respondent. The Claimant asserts that it expended significant resources, estimated at over $40 million, in preparatory engineering and project development. The statement outlines the Claimant's position that the Respondent consistently failed to fulfill its obligations to procure and deliver the contracted volumes of wet gas, despite numerous stakeholder meetings and proposed alternative solutions involving third-party operators such as Addax Petroleum.

Mr. Quinn further testifies that, following years of delay and the Respondent's failure to provide necessary undertakings or implement the GSPA, P&ID formally accepted the Respondent's conduct as a repudiatory breach on 20 March 2013, thereby terminating the agreement. The statement serves to substantiate the Claimant's factual narrative regarding the formation of the contract, the Claimant's readiness to perform, and the specific acts and omissions by the Respondent that precipitated the arbitration.