Posted on November 7, 2018
The case of the day is Process and Industrial Developments Ltd. v. Federal Republic of Nigeria (D.D.C. 2018). P&ID sought confirmation of an arbitral award against Nigeria and its Ministry of Petroleum Resources. On P&ID’s motion, the court had set a briefing schedule that required Nigeria to respond to the petition for confirmation with all of its jurisdictional and substantive defenses. Nigeria moved to dismiss on grounds of foreign sovereign immunity. P&ID complained to the court that Nigeria had only sought dismissal on jurisdictional grounds. The judge agreed and ordered Nigeria to plead all of its jurisdictional and substantive defenses, and Nigeria took an interlocutory appeal.