US Judge Rejects Exxon, Shell Nigeria Case

By Jonathan Stempel
Wednesday, September 4, 2019

A U.S. judge on Wednesday rejected Exxon Mobil Corp's and Royal Dutch Shell Plc's effort to revive a $1.8 billion arbitration award against Nigeria's state-run oil company, which stemmed from a dispute over a 1993 contract to extract oil near the African country's coastline.

U.S. District Judge William Pauley in Manhattan cited public policy and due process considerations in deciding not to enforce the October 2011 award against Nigerian National Petroleum Corp (NNPC), which was subsequently set aside by courts in Nigeria.

"While this court may have inherent authority to fashion appropriate relief in certain circumstances, exercising that authority to create a $1.8 billion judgment is a bridge too far," Pauley wrote in a 50-page decision.

The companies said last November that the award had grown to $2.67 billion, including interest.

Exxon spokesman Todd Spitler said the Irving, Texas-based company disagreed with the decision and was evaluating its next steps. Shell and its lawyers did not immediately respond to requests for comment.

"NNPC is very pleased with the decision, and was always confident that there was no basis for a U.S. court to confirm the award," its lawyer Cecilia Moss said in an interview.

According to court papers, the 1993 contract anticipated that Exxon and Shell affiliates would invest billions of dollars to extract oil from the Erha field, about 60 miles (97 km) off Nigeria's coast, and share profits with NNPC.

But the affiliates, Esso Exploration and Production Nigeria Ltd and Shell Nigeria Exploration and Production Co Ltd, accused NNPC of unilaterally "lifting" more oil than was contractually allowed, at the behest of Nigeria's government, depriving them of billions of dollars of oil.

Pauley said Exxon and Shell still have "multiple appeals pending" in Nigeria, and rejected their argument that it might be difficult to collect there.

Exxon and Shell "executed a contract in Nigeria with another Nigerian corporation containing an arbitration clause requiring any arbitration to be held in Nigeria under Nigerian law, and it then sought to confirm the award in Nigeria," Pauley wrote. " cannot now reasonably complain that efforts to collect will be frustrated in Nigeria."

In an Aug. 7 regulatory filing, Exxon said it did not expect the case to materially affect its operations or financial condition.

The case is Esso Exploration and Production Nigeria Ltd et al v Nigerian National Petroleum Corp, U.S. District Court, Southern District of New York, No. 14-08445.


(Reporting by Jonathan Stempel; Editing by Matthew Lewis and Richard Chang)

Categories: Legal Africa

Related Stories

Oil Slips as Oman Reports Normal Operations at Key Oil Terminal

Conrad Secures Drilling Rig for Mako Gas Field off Indonesia

Aramco Picks McDermott for Energy Projects in Saudi Arabia

Inpex Faces Threat of Broad LNG Loading Ban as AU Labour Dispute Deepens

BP Launches Gas Production at Azerbaijan’s Giant ACG Field

Oil Prices Rise as Iran Talks Stall and Inventories Shrink

Oil Climbs Above $110 After Gulf Drone Attacks Raise Supply Fears

Oil Prices Jump as Ships Come Under Fire in Strait of Hormuz

Oil Surges Over 7% to Above $102 Ahead of US Hormuz Blockade

UK Declines to Support US Hormuz Blockade, PM Starmer Says

Current News

Oil Slips as Oman Reports Normal Operations at Key Oil Terminal

Petronas Signs Offshore Oil Recovery Collaboration Deal

SBM Offshore to Sell 45% Stake in Mexico-Bound FSO to NYK

Conrad Secures Drilling Rig for Mako Gas Field off Indonesia

Oman’s Block 50 Offshore Drilling Ops Face Further Delays

Aramco Picks McDermott for Energy Projects in Saudi Arabia

Velesto’s Jack-Up Rig Up for Gulf of Thailand Drilling Campaign

Kuwait Sees 70% Oil Output Recovery within Two Months of Hormuz Reopening

Capricorn Energy Grants Third Extension for Potential Takeover Offer

Ichthys LNG Strike Causes Delay to Taiwan-Bound Cargo

Subscribe for AOG Digital E‑News

AOG Digital E-News is the subsea industry's largest circulation and most authoritative ENews Service, delivered to your Email three times per week

https://accounts.newwavemedia.com