Nigeria Avoids Payment of Us$11 billion Dollar Arbitral Award Debt to P&ID: Is the Legal Battle Really Over?
INTRODUCTION In January 2010, the Nigerian Government entered into a Gas Supply and Processing Agreement (GSPA) with a company known as Process & Industrial Developments Limited (P&ID). Three years after, P&ID declared breach and commenced arbitration proceedings. In two awards issued 17th July 2015 and 31st January 2017, the arbitral tribunal – composed of Lord […]
Exploring Surrogacy in Nigeria: A Compassionate Journey to Parenthood
INTRODUCTION In April 2023, the World Health Organization (WHO) reported that infertility has become a global health issue affecting millions of people of reproductive age. The WHO estimates that 1 in 6 people will experience infertility in their lifetime, indicating the urgent need to increase access to affordable, high-quality fertility care. The family being the […]
Third-Party Funding in International Arbitration: Disclosure Obligation as an Antidote to Conflicts of Interest in Third-Party Funding Arrangements.
INTRODUCTION The escalating costs associated with international arbitration have emerged as a significant concern, given their potential to reach exorbitant levels. These increasing costs have transformed into a formidable obstacle for the parties involved, fueling concerns that arbitration may only be accessible to “deep-pocket” entities or individuals, thereby potentially denying meritorious claims access to justice […]
Does Extension of Arbitration Agreements to Non-Signatories Undermine the Principle of Consent as Cornerstone of Arbitration?
INTRODUCTION International arbitration has long been regarded as the cornerstone for resolving disputes between parties engaged in cross-border transactions. A fundamental principle underpinning this mechanism is that arbitration is consensual – a contractual arrangement entered voluntarily to resolve disputes outside the traditional court systems. As frequently expressed in arbitration agreements, consent generally binds only parties […]
Zhongshan Fucheng Industrial Investment Company Ltd. v. Nigeria: How the Concept of Attribution applies in International Investment Arbitration
Introduction: On 14th August 2024, Nigerians woke up to the news of the seizure of three (3) Nigeria’s presidential jets, as ordered by a French court. The seizure stems from an application by Zhongshan, a Chinese company whose export processing zone management contract was terminated by the Ogun State government in 2016. Before this time, […]
Zhongshan Fucheng Industrial Investment Co. Ltd V. The Federal Republic of Nigeria: What Are The Facts?
Introduction A lot has been said about the ex parte order granted by the Judicial Court of Paris on 14th August 2024 for the interim attachment of three aircrafts belonging to the Nigerian government. This development has generated several scholarly and enlightening discussions on the legal intricacies stemming from this action (especially as it relates […]
Zhongshan Fucheng Ind. Inv. Co. Ltd v. Nigeria: The Interplay Between Preservative Orders and Sovereign Immunity In the Seizure of Nigeria’s Presidential Jets
Introduction The intersection of pre-enforcement preservative orders and sovereign immunity presents a complex legal conundrum, particularly in cases where State assets are threatened with attachment to satisfy arbitral awards. This complexity was starkly illustrated in the recent seizure of Nigeria’s presidential jets by Zhongshan Fucheng Industrial Investment Co. Ltd (“Zhongshan”). This Chinese company sought to […]
Assessing ‘Mistake’ as a Defence in International Arbitration: The Ogun Free Trade Zone Dispute
Introduction On August 14, 2024, Nigerians were confronted with the alarming news that a Chinese firm had seized three of the nation’s presidential jets under the orders of a French court, a move that has significant implications for the nation. Former Ogun State Governor Ibikunle Amosun, a key figure in this dispute, offered his account in […]
Zhongshan Fucheng Industrial Investment Co. Ltd. V. Federal Republic of Nigeria – Exploring the Options Available to Resist the Enforcement of Arbitral Award
Introduction. It’s a matter of public record that the Federal Republic of Nigeria’s assets have been attached to enforce an arbitral award issued on 26 March 2021 by a UK tribunal. The circumstances leading to this are widely known and do not require further explanation. We have covered the case details in our previous instalment, […]
The Zhongshan Fucheng Industrial Investment Co. Ltd. V. Federal Republic of Nigeria Arbitral Award – Analysis of the Issues
The arbitral award issued in favour of Zhongshan Fucheng against Nigeria by a UK-seated tribunal on 26 March 2021 elicited significant public reactions only after an ex parte order was granted by the Judicial Court of Paris on 14th August 2024 for the interim attachment of three presidential aircrafts belonging to Nigeria. The media is […]
