An appeal court in the United States has authorised the Zhongshan Fucheng Industrial Investment Co. Ltd, to enforce the $70 million arbitration award against Nigeria.
Like France, US court affirms Chinese firm $70m arbitration award against Nigeria over treaty violationAn appeal court in the United States has authorised Zhongshan Fucheng Industrial Investment Co. Ltd. to enforce the $70 million arbitration award against Nigeria.on August 9, the majority ruling affirmed the judgment of the US district court for the district of Columbia that held that the arbitration award is enforceable.
Subsequently, Zhongfu initiated an investment treaty arbitration against Nigeria under the bilateral investment treaty between the People’s Republic of China and Nigeria . The court ruled that the Foreign Sovereign Immunities Act arbitration exception stripped Nigeria of the sovereign immunity in the arbitration award case.“For the foregoing reasons, we hold that the final award is enforceable under the New York convention because it arose out of differences between ‘persons’ that share a legal, commercial relationship,” the majority judgment reads.
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