Process and Industrial Developments Limited v. Federal Republic of Nigeria, No. 21-7003 (D.C. Cir. 2022)
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After P&ID petitioned for confirmation of an arbitral award against Nigeria, Nigeria moved to dismiss for lack of jurisdiction and asserted sovereign immunity under the Foreign Sovereign Immunities Act (FSIA). The district court denied the motion on the ground that Nigeria impliedly waived sovereign immunity by joining The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
Following its determination that it has appellate jurisdiction under the collateral order doctrine, the DC Circuit affirmed the district court's denial of Nigeria's motion to dismiss for lack of jurisdiction on different grounds, concluding that a foreign court's order ostensibly setting aside an arbitral award has no bearing on the district court's jurisdiction and is instead an affirmative defense properly suited for consideration at the merits stage. In this case, because the requirements of the arbitration exception under 28 U.S.C. 1605(a)(6) are satisfied, Nigeria’s sovereign immunity has been abrogated.
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