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P&ID v. Nigeria, Respondents’ Motion to Dismiss for Lack of Jurisdiction Under the FSIA, August 27, 2018

27 Aug 2018
Process and Industrial Developments Ltd (P&ID) v. Nigeria Ministry of Petroleum Resources
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Respondents’ Motion to Dismiss for Lack of Jurisdiction Under the FSIA
Document Details:
LISTED PARTICIPANTS
Respondents’ Motion to Dismiss for Lack of Jurisdiction Under the FSIA
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
Claimant's law firm
Respondent's counsel
Joseph D. Pizzurro, Kevin A. Meehan, Juan O. Perla
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
Process and Industrial Developments Ltd., Nigeria, Curtis Mallet-Prevost Colt & Mosle
Country
United States
Print reporter
Document Summary
Respondents’ Motion to Dismiss for Lack of Jurisdiction Under the FSIA
This summary note is machine-generated. Always consult the original materials.

This document constitutes the Respondents’ Motion to Dismiss filed by the Federal Republic of Nigeria and the Ministry of Petroleum Resources before the United States District Court for the District of Columbia. The motion is directed against a petition initiated by Process and Industrial Developments Limited seeking the confirmation of a foreign arbitral award.

The principal legal issue addressed is the Court's jurisdiction over the sovereign Respondents. Nigeria moves for dismissal pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(2), asserting a lack of both subject matter and personal jurisdiction. The Respondents' jurisdictional defense is strictly grounded in the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1330, 1602 et seq.

As a procedural filing, the document formally requests the dismissal of the enforcement proceedings and indicates that the substantive legal arguments and evidentiary support are detailed in an accompanying Memorandum of Points and Authorities and a supporting declaration.