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UNITED STATES 1063
United States District Court, District of Columbia, 26 January 2023, Civil Action No. 22-170 (BAH)
(Zhongshan Fucheng Industrial ... Read more
United States District Court, District of Columbia, 26 January 2023, Civil Action No. 22-170 (BAH)
(Zhongshan Fucheng Industrial Investment Co., Ltd. v. Federal Republic of Nigeria)
UNITED STATES 1063
The Court held that it had subject matter jurisdiction over the petition to enforce a foreign award against a foreign State, because the award fell under the New York Convention, thereby giving the Court jurisdiction. Nigeria did not enjoy sovereign immunity under the arbitration exception of Sect. 1605(a)(6) of the Foreign Sovereign Immunities Act (FSIA), because the award had been made pursuant to an agreement to arbitrate governed by “a treaty in force for the United States calling for the recognition and enforcement of arbitral awards” – here, the New York Convention.
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 relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
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.