Nigerian assets at risk worldwide in $9 billion arbitration case
The company was awarded $6.6 billion in an arbitration decision over the failed 2010 project to build a gas-processing plant in the southern Nigerian city of Calabar. With interest, the sum now tops $9 billion - 20% of Nigeria’s foreign reserves. Nigerian officials vowed not to surrender any assets. WHAT IS AT STAKE? P&ID can target real estate, bank accounts or any kind of moveable wealth, but it has to prove that the property is unrelated to Nigeria’s operations as a sovereign state. “The onus will be on the claimant to prove that the property is exclusively in use for commercial purposes,” Simon Sloane of law firm Fieldfisher said. “It’s quite a difficult hurdle to overcome.” State assets that have any diplomatic function - such as a commercial property that is also used to issue visas - cannot be seized. But state asset seizures “happen all the time”, said James Langley, a partner with international law firm Dentons and an expert in arbitration. In a 2008 ...