Notice: We are currently performing maintenance to improve the italaw platform. The site remains fully accessible. Thank you for your patience.

AHS Niger and Menzies Middle East and Africa S.A. v. Republic of Niger, ICSID Case No. ARB/11/11

New
Short Name:

AHS Niger and Menzies v. Niger

Case Type:
Foreign Investment Law (Investor–State)
Seat of Arbitration:
Applicable Treaty:
Applicable Legal Instruments:
See case mapped on Investor-State LawGuide

Available documents

13 Mar 2013
Decision on Jurisdiction
Document provided by: IAReporter
Document Details:
PARTICIPANTS
Decision on Jurisdiction
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
Claimant appointee:
Patrick Hubert
Respondent appointee
Respondent appointee:
Gastón Kenfack-Douajni
Tribunal/Panel chair
Chair/President:
Fernando Mantilla-Serrano
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Decision on Jurisdiction
This summary note is machine-generated. Always consult the original materials.


15 Jul 2013
Award (French)
Award (English)
Document Details:
PARTICIPANTS
Award (French)
Award (English)
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
Claimant appointee:
Patrick Hubert
Respondent appointee
Respondent appointee:
Gastón Kenfack-Douajni
Tribunal/Panel chair
Chair/President:
Fernando Mantilla-Serrano
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Rasseck Bourgi
Respondent's counsel
Ibrahim M. Djermakoye
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award (French)
Award (English)
This summary note is machine-generated. Always consult the original materials.


19 Feb 2024
Petition to Confirm Arbitral Award
Document Details:
PARTICIPANTS
Petition to Confirm Arbitral Award
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
Claimant appointee:
Patrick Hubert
Respondent appointee
Respondent appointee:
Gastón Kenfack-Douajni
Tribunal/Panel chair
Chair/President:
Fernando Mantilla-Serrano
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
M. Zachary Bluestone, Bluestone
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Petition to Confirm Arbitral Award
This summary note is machine-generated. Always consult the original materials.


18 Jul 2024
Request for Entry of Default
Document Details:
PARTICIPANTS
Request for Entry of Default
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
M. Zachary Bluestone, Bluestone
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Request for Entry of Default
This summary note is machine-generated. Always consult the original materials.


29 Jul 2024
Default
Document Details:
PARTICIPANTS
Default
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
M. Zachary Bluestone, Bluestone
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Default
This summary note is machine-generated. Always consult the original materials.


10 Sep 2024
Memorandum of Points and Authorities in Support of Petitioner’s Motion for Default Judgment and Confirmation of Arbitration Awar
Document Details:
PARTICIPANTS
Memorandum of Points and Authorities in Support of Petitioner’s Motion for Default Judgment and Confirmation of Arbitration Awar
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
M. Zachary Bluestone, Bluestone
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorandum of Points and Authorities in Support of Petitioner’s Motion for Default Judgment and Confirmation of Arbitration Awar
This summary note is machine-generated. Always consult the original materials.


3 Jul 2025
Memorandum Opinion of the US District Court for the District of Columbia
Document Details:
PARTICIPANTS
Memorandum Opinion of the US 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
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Memorandum Opinion of the US District Court for the District of Columbia
This summary note is machine-generated. Always consult the original materials.


28 Jul 2026
Opinion and Order of the US District Court for the Southern District of New York
Document Details:
PARTICIPANTS
Opinion and Order of the US District Court for the Southern District of New York
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
Jesse M. Furman
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
United States
Print reporter
Entities
Niger, Menzies Middle East and Africa SA
Document Summary
Opinion and Order of the US District Court for the Southern District of New York
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

The United States District Court for the Southern District of New York issued an Opinion and Order addressing a motion by the petitioner for a writ of attachment and execution, as well as a restraining notice, against a New York property owned by the Republic of Niger. The petitioner sought to execute upon the property to satisfy an approximately $7 million ICSID arbitral award rendered in 2013, which had been subsequently confirmed by the United States District Court for the District of Columbia and registered in the Southern District of New York.

Positions of the Parties

Niger opposed the motion, asserting sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and diplomatic immunity under Article 25 of the 1961 Vienna Convention on Diplomatic Relations. Niger argued that the rental proceeds generated by the property were utilized to fund its Permanent Mission to the United Nations, thereby shielding the asset from execution. The petitioner maintained that the property was subject to execution under the FSIA's commercial activity exception.

Court's Analysis and Findings

The Court rejected Niger's immunity defenses, determining that the property fell squarely within the "commercial activity" exception to sovereign immunity under 28 U.S.C. § 1610(a). Applying Second Circuit precedent, the Court emphasized that the commercial character of an activity is determined by its nature rather than its purpose. By leasing the property to private tenants, Niger acted as a private commercial landlord in the marketplace, rendering the ultimate public or diplomatic purpose of the rental income irrelevant.

Furthermore, the Court dismissed Niger's reliance on the Vienna Convention, noting that the attachment of the property itself—as opposed to embassy bank accounts—would not force the diplomatic mission to cease operations, as Niger could fund the mission through its central treasury. The Court also confirmed that the procedural requirements of 28 U.S.C. § 1610(c), including the lapse of a reasonable period following the entry of judgment and proper notice to the foreign state, had been satisfied.

Decision

The Court granted the petitioner's motion for a writ of attachment and execution and a restraining notice pursuant to N.Y. C.P.L.R. § 5222. The parties were directed to confer and submit a proposed writ and restraining notice for the Court's endorsement within one week.