₦airaland Forum

dre11:
Treaty violation: Like France, US court affirms Chinese firm’s $70m arbitration award against Nigeria


An appeal court in the United States (US) has authorised Zhongshan Fucheng Industrial Investment Co. Ltd. to enforce the $70 million arbitration award against Nigeria.

In a 2-1 verdict delivered 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.

In January 2023, Beryl Howell, the presiding judge of the lower court, dismissed Nigeria’s argument that the court did not have jurisdiction over the case since the country is a sovereign entity.

Howell held that the court has jurisdiction since the United Kingdom (UK), where the $70 million arbitration award was issued against Nigeria, is a signatory to the New York Convention.


ZHONGSHAN FUCHENG VS NIGERIA

In 2010, Zhongshan, through Zhuhai Zhongfu Industrial Group Co. Ltd. (Zhuhai), its Chinese parent company, acquired rights to develop a free trade zone in Ogun state.

A year later, Zhongshan set up Zhongfu International Investment (NIG) FZE (Zhongfu), a Nigerian entity, to manage the project under the permission of the Ogun state government.

However, things took a different turn in July 2016 when the investor accused the state government of abruptly moving to terminate its appointment while attempting to install a new manager for the free trade zone.

Subsequently, Zhongfu initiated an investment treaty arbitration against Nigeria under the bilateral investment treaty between the People’s Republic of China and Nigeria (the China-Nigeria BIT).

The arbitrators had ruled that Nigeria was in breach of its obligations under the China-Nigeria BIT and awarded Zhongshan compensation of around $70 million.

In January 2022, the Chinese company initiated a case to seek enforcement of the arbitration award.

Nigeria pleaded state immunity but was turned away by Sara Cockerill, a high court judge in the UK, who said the country abused the time frame for appealing arbitral awards.


THE US APPEAL COURT JUDGMENT

In the majority judgment, the US appellant court held that the final arbitration award is enforceable under the New York convention since the dispute is between “persons” that share a legal commercial relationship.

The court ruled that the Foreign Sovereign Immunities Act (FSIA) 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.

“The district court therefore has jurisdiction over this case under the FSIA’s arbitration exception. The judgment of the district court is affirmed.”

The majority judgment was issued by Patricia Millett and Julianna Childs.

In the dissenting judgment, Gregory Katsas, the third judge, argued that when the New York convention was drafted, the word “persons” did not include a sovereign nation.

Katsas held that the action of Ogun state cannot be attributed to Nigeria, adding that the arbitration award “arises solely out of Nigeria’s sovereign acts governed by public international law”.

“Text, legal context, and drafting history all indicate that the word ‘persons,’ as used in the New York Convention, does not include signatory nations acting as sovereigns. I respectfully dissent,” Katsas said.

NIGERIA LOSING CASE AGAINST CHINESE FIRMS IN MULTIPLE JURISDICTIONS

Barely three days after the judgment of the US appeal court, a Paris court in France ordered the seizure of three jets belonging to the Nigerian government over the dispute involving the arbitration award to the Chinese firms.

In 2023, a court of appeal in the UK ruled that Nigeria is liable for a $70 million arbitration award in favour of the Chinese firm.

The development means that Nigeria has lost arbitration award cases against the Chinese firm in France, the US, and the UK.

The Nigerian government has accused the Chinese firm of attempting to use deceptive means to acquire the country’s offshore assets.


https://www.thecable.ng/like-france-us-court-affirms-chinese-firm-70m-arbitration-award-against-nigeria-over-treaty-violation/amp/

Botragelad:
Source;
https://www.hindustantimes.com/world-news/pakistan-belgian-woman-allegedly-raped-for-5-days-found-abandoned-on-road-101723702464292.html

obedience4:
https://www.bbc.com/news/articles/crmwj4z1xpko

seunmsg:
lol. To start with Buhari started taking the loans after COVID-19 global pandemic. There was a global lockdown and economic slowdown that caused crude oil to go as low as $1. Despite the crash in Revenue, Nigerians kept asking for more. Petroleum subsidy must be funded. University education must remain free and fully subsidized. FG must keep giving free money to the poor under the social investment scheme. Electricity subsidy must continue. FG workers must be paid regularly. Payroll support to struggling businesses was approved. The exchange rate as at that time must remain pegged at N460 and not be floated. Insurgency and banditry must be combated. Etc.

So, where do you guys think the money was coming from? The moon? Agulu? You jokers don’t know shit about anything. It’s even funny you’re asking me about the economic impact of a $3billion loan on a country of over 220 million people who want every damn thing to be free. Do you guys even know what you’re talking about?

See, Nigeria is a poor country and there is no magic anyone can do except we brace up and implement stringent but painful reforms to expand our economy. Crying and pointing fingers won’t solve anything. Get behind the president’s reform agenda and let’s change the economic trajectory of the country together.

nlfpmod:

https://www.youtube.com/watch?v=cMgv6djLDpI



Credit: Miniko Jnr

muhammaduyusufu:
I really do not see the need for the condemnation of the Lagos State Government for making a post on social media in Yoruba. Rather than condemnation, they ought to receive commendation.

For the avoidance of doubt, Yoruba is the primary indigenous language of Lagos. There are others, including Egun and Ewe languages.

English is a borrowed language. Not even borrowed. English is a language forced on us. And other Nigerian languages spoken in Lagos are NOT indigenous to Lagos. Like the English, they came to Lagos to meet indigenous people there. And they are very welcome in Lagos. They are encouraged to speak whatever language they like, and also to consider learning Yoruba.

There is no need to come up with a raucous because the Lagos State Government chose to speak in its own native tongue. After all, they provided an English version, and if you do not trust their English version, you can use Google to translate it.

I am not sure that you should relocate to Lagos from another state and then expect Lagos to adjust to you. No. You adjust to Lagos, and if you cannot do that, then you have options. You can return from whence you came, or relocate to another state of your liking.

In Brazil, multiple states, including Salvador, Bahia and Rio de Janeiro, use Yoruba (Nago) in official government communications. In Wales, the Government releases official statements in the Welsh language on TV, radio and social media. Northern Nigerian states have been doing it since forever.

And then you are saying that in the very heartland of the Yoruba people, their government should not use it?

You cannot relocate to Lagos and tell Lagosians to abandon their heritage because you are uncomfortable with it. That is not a relocation. That is an invasion.

Sanwoolu ma fo ya. Ma ji so ro rara. Awon to wa leyin e po j'awon ota 'e lo.

Lagos, go ahead. Go on soun. Soro soke! Those for and with you are more than those against you.

Reno Omokri

Gospeller. Deep Thinker. #TableShaker. Ruffler of the Feathers of Obidents. #1 Bestselling author of Facts Versus Fiction: The True Story of the Jonathan Years. Hodophile. Hollywood Magazine Humanitarian of the Year, 2019. Business Insider Influencer of the Year 2022.

https://www.facebook.com/share/p/Syuy4GC9gESe5KsN/?mibextid=qi2Omg

WannaHowzit:
Arise News gave a glowing review of the production of the Miss SA pageant just days before Chidimma Adetshina seemingly took a swipe at the contest following the saga that surrounded her in South Africa.

ARISE ANCHOR (Kachi Offiah):

"I have to give it to the Miss SA organisers because the quality of the show that they put up also explains the level of interest in this. Let's talk about this event away from the controversy - do you see the quality of the show that they put out there?"


https://www.youtube.com/watch?v=LNFVZfp0jVc?si=2sBJEu1pgq0dx2P5

GUEST (Sommie Maduagwu/Pageant Coach & Lawyer):

"SA for a lot of African countries is the standard. In pageantry we have something called Sash-Factor Countries and SA is one of them. It means when you go out for pageants you're the country to lookout for, you're the one to beat.

And we've seen that year after year - Miss SA doesn't spare any expense. There's a certain intentionality that South Africans have when it comes to pageants. We in Nigeria, I for one, definitely look up to them because they kill it every single time".


https://www.youtube.com/watch?v=3OCWxXbw8s4?si=-4Xn58ttdmpcfgUS

ANCHOR:
"So what's the problem, why aren't we getting in on this?"

Then Sommie goes on to list the reasons.

naptu2:
Ben Murray-Bruce @benmurraybruce

God1000:
https://saharareporters.com/2024/08/13/us-will-carry-out-largest-deportation-history-if-im-re-elected-donald-trump-promises

1stGenAmerican:
Basically, Brown called Trump a liar and Trump put his tail between his legs and crawled back into his lying corner, again. I’m glad that Willie Brown spoke up and just like the coward he is, Trump won’t be giving a rebuttal. Manifests are retained for years and if this really happened, liar Trump could easily produce one. He can’t and he won’t.
Like clockwork, one of Trump’s own people also refused to go along with his lie. They know he’s a demented compulsive liar.

cococandy:
It’s going well. Thanks for asking

Victory is assured in Nov.💃🏾💃🏾💃🏾
😊

1stGenAmerican:
My Friend, you know those guys don’t fact check. If they did, they’d have no talking points for us to debunk.😂🤣

1stGenAmerican:
As a former active and current reserve member of the military who has extensive knowledge of American politics, I’ll repeat my original reply to you: you don’t know what you’re talking about. Please refrain from tagging me with baseless conspiracies and QANON madness. Thanks.

Ajalalomo:
UK Airports May No Longer Require Travelers to Show Their Passports

The next time you fly to the United Kingdom, you might be able to leave your passport safely tucked away in your bag. The nation’s airports will reportedly begin testing new facial recognition technology at “eGates” for arriving passengers, which would replace border control's standard physical passport check.

https://www.cntraveler.com/story/uk-airports-facial-recognition-passport-free

cococandy:
Thanks for the contribution.

I read up on the cause prior and also observed like you stated the social media spread of hate and bigotry that led up to this incident.

I used the wrong word “assimilate” because I really don’t expect a Muslim or Christian to dilute their faith because of where they live.

Tolerate is truly the right word and for the life of me I can’t understand why people find it so hard to tolerate people whose ways of life are different from theirs .

Especially when they are in the west where they have the freedom to be who they want to be. Why can’t they just be that thing they want and leave other people the fvck alone.

EnlightenedUFO:
Here's a best wide angle look at Kamala Harris's and Tim Walz campaign rally crowds so far.

1, Eau Claire - Wisconsin
2, Glendale - Arizona
3, Detroit - Michigan


This is Obama 2008 rallies on steroids 😱

Fineman2:
Vice President Kamala Harris leads Donald Trump in Wisconsin, Pennsylvania and Michigan — three crucial battleground states according to a New York Times and Siena College survey.

Wyttcat:
It's because you are criminally-minded. Our names are our identities and they tell the stories of our lives. You have to be the worst of all to appropriate other people's culture, especially the one you see as your enemy.

Is there something you this unfortunate human can't steal?

Using Yoruba name when you are not one, it's an Identity theft. If she had gone to rob or kill someone now, you this asshat will be the first to shout "she's Yoruba" knowing well that she stole the name and your igbo brothers are all over Malaysia's prisons using Yoruba names after they have destroyed their own names and known world wide as drug mules and criminals.

aswani:
Bros, don't let's talk about how this Ndigbo man is carrying a Yoruba name.

The South African authorities should not start investigating him or he could be in serious trouble, over what, his daughter applying for a pageant, this is nothing illegal.

Let's let sleeping dogs lie lahọr wo wo Otemwen.

1Sharon:
Good work! This man appropriated a yoruba name for what reason?

Does Chidinma's father also need to be investigated for identity theft? 🧐

I feel like these finding deserve a separate thread tbh

olametrix:
You are right, her mother is from Mozambique 🇲🇿, while her father is a Nigeria, same story with my children, am a Nigeria and their mother is from Mozambique 🇲🇿, but we birth them here in south africa, but I don't see reason to fight for SA citizens for them, it's useless where they don't like foreign, so I registered them at Mozambique 🇲🇿

To avoid future troubles

naptu2:
Babajide Sanwo-Olu @jidesanwoolu