Esso Exploration and Production Nigeria Limited et al. v. Nigerian National Petroleum Corporation - United States District Court Southern District of New York - 14-cv-8445 (WHP) OPINION and ORDER - 4 September 2019
Country
Year
2019
Summary
OPINION & ORDER
Respondent Nigerian National Petroleum Corporation ("NNPC") moves pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) to dismiss Petitioners Esso Exploration and Production Nigeria Limited and Shell Nigeria Exploration and Production Company Limited's (together, "Esso") Third Amended Petition to confirm a Nigerian arbitral award (the "Award"). NNPC argues that the Third Amended Petition should be dismissed for lack of personal jurisdiction, on forum non conveniens grounds, and because the Award was set aside by Nigerian courts. Esso moves for certain facts to be deemed admitted as a sanction for purported discovery violations. It also requests that this Court confirm the $1.799 billion Award and accrued interest. For the reasons that follow, NNPC's motion is granted and Esso's motion is denied.
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