August 25, 2011
Paul F. Doyle, Esq.
Kelley Drye & Warren LLP
On August 3, 2011, a Nigerian company, Continental Transfert Technique Limited ("Continental") won the right to enforce an arbitration award of 29.6 billion Nigerian naira (approximately US$252 million at the time of the award and US$423 million after interest is included) against the government of Nigeria. The U.S. District Court for the District of Columbia granted summary judgment to Continental confirming the arbitration award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This will allow enforcement of the award in the United States.
Three years ago, Nigeria lost the case in a contested arbitration in London. In that arbitration, Continental claimed that the government of Nigeria had breached its contract with Continental. Under the contract, Continental had agreed to manufacture computer readable, personal identification cards.
The government of Nigeria has refused to pay the arbitration award for almost three years. However, the recent ruling means that Continental can seek to collect the award against Nigeria in the United States. Partners Talat Ansari and Paul F. Doyle, and associates Joel A. Hankin and Melissa E. Byroade represented Continental in securing its right to enforce the arbitration award.
To read the order and opinion, click below.