US 996

United States District Court, Southern District of 
New York, 4 September 2019
Esso Exploration and Production Nigeria Limited v. Nigerian National 
Petroleum Corporation

04 - 09 - 2019

US 996

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)
Jurisdiction United States
Original full text Full text decision US 996
Summary

US No. 996. Esso Exploration and Production Nigeria Limited (Nigeria) et al. v. Nigerian National Petroleum Corporation (Nigeria), United States District Court, Southern District of New York, Case No. 14-cv-8445 (WHP), 4 September 2019

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
500A Residual power to enforce notwithstanding existence of ground for refusal
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
US 996