US 8 April 2020 Process and Industrial Developments
United States District Court, District of Columbia, 4 December 2020, Case No. 18-cv-594 (CRC)
(Process and Industrial Developments Limited v. Federal Republic of Nigeria, et al.)
US 8 April 2020 Process and Industrial Developments
The Court declined to stay the proceeding for the confirmation of a London award pending an annulment action in England. Nigeria moved for a stay asserting immunity under the Federal Sovereign Immunities Act. The Court held that Nigeria waived its immunity under the FSIA by signing the New York Convention, and by agreeing to arbitrate in the territory of another Convention signatory.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.