News
Two IOCs Slam $2.67bn Suit Against NNPC In US
A United States appeals court, last Friday, said ExxonMobil Corp and Shell Plc affiliates may try to enforce part of a $1.8billion arbitration award against the Nigerian National Petroleum Company Limited (NNPC).
The award, which arose over a dispute concerning oil extraction near Nigeria’s coastline, has now grown to $2.67billion, with the accrued interests.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan, New York, said a lower court judge erred in rejecting the entire October, 2011, award against NNPC.
It said the judge should have determined which parts of the award had been deemed enforceable by a Nigerian appeals court.
The dispute arose from a 1993 contract for Esso Exploration and Production Nigeria Ltd and Shell Nigeria Exploration and Production Company (SNEPCo) to invest billions of dollars to develop the Erha oil field on the Gulf of Guinea, and share profits with NNPC.
Extraction began in 2006 but disagreements soon arose, and Exxon and Shell said that by late 2007, NNPC was at the government’s behest “lifting” more oil than the contract allowed, depriving them of billions of dollars.
Following the arbitration ruling, Exxon and Shell sought to enforce their award in Manhattan while NNPC sought to set it aside in Nigeria.
In Friday’s decision, Circuit Judge Susan Carney, said Exxon and Shell did not prove that setting aside part of the award violated public policy, and said U.S. courts should not second-guess Nigerian courts’ substantive views on Nigerian law.
But she said the Nigerian judgements were “ambiguous” as to how much of the award was set aside, and more fact-finding was needed.
Friday’s decision partially reversed a September, 2019, ruling by U.S. District Judge, William Pauley, in Manhattan.
Pauley died last July, and another judge would take over the case.
The case is Esso Exploration and Production Nigeria Ltd et al vs Nigerian National Petroleum Coop, 2nd U.S. Circuit Court of Appeals, Nos. 19-3159, 19-3361.
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