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 14^th August 2024 for the interim attachment of three presidential aircrafts belonging to Nigeria. The media is awash with the news of several enforcement proceedings being pursued by Zhongshan Fucheng against Nigeria’s assets in multiple jurisdictions such as the UK, US, Belgium, Canada, France, Singapore and British Virgin Island.

There is a growing concern among the Nigerian populace about the avoidable embarrassment that the arbitral award and several enforcement proceedings are bringing to the nation. This has led to blame games or bulk-passing amongst the main actors, and even sponsored attempts to sanctimoniously absolve some people of any wrongdoing. In some quarters, questions are asked on why Nigeria as a country was dragged into the arbitration for what was clearly done by the Ogun State government, a semi-autonomous sub-national government.

This digest summarises several articles which seek to the examine the intricate legal issues arising from the case of Zhongshan Fucheng Industrial Investment Co. Ltd. v. Federal Republic of Nigeria (“case”). These issues include the hard facts that preceded and indeed enabled the success of the arbitration, how the concept of attribution in international investment law was used to ascribe liability on the Federal Republic of Nigeria in the arbitration, the interplay between preservative orders and sovereign immunity, evaluation of the defence  of ‘mistake’ in the underlying contract as sought to be pleaded by the former Governor of Ogun State, and exploring the options available for Nigeria to resist the enforcement of the arbitral award. Each article offers a distinct perspective on the broader implications of international arbitration, considering the subject case and providing readers with a well-rounded understanding of the legal issues involved.

1. Examining the Facts of the Zhongshan’s Case: We have in this article examined the facts of the case, providing a clear context for the legal analysis that follows. The discussion then explores how the arbitral tribunal assessed the causal link between the wrongful acts of Ogun State and other agents of the Nigerian State, the damages claimed, as well as the varying standards of proof required to establish such claims. Through a thorough review of relevant case law and academic perspectives, the article demystifies the complexities involved and their implications for the arbitration process. Read the full article here.