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

Inpex Secures Environmental Approval for Indonesia’s Abadi LNG Project

DUG Hooks Multi-Client Seismic Reprocessing Survey off Malaysia

Mubadala Hires SLB for Deepwater Drilling Services Offshore Indonesia

Malaysia Offers Nine Exploration Blocks in 2026 Bid Round

Seatrium Unit Launches Arbitration Against Petrobras over FPSO Contract

Conrad, Empyrean Agree Settlement Framework Over Duyung PSC Interests

Northern Offshore’s Energy Emerger Rig Up for Drilling Job off Oman

Petronas Plans Ramp-Up in Exploration, Production Over Three Years

Australia and Timor-Leste Push to Advance Greater Sunrise Gas Field

Turkish Petroleum, Chevron Discuss Joint Oil and Gas Exploration

Current News

Inpex Secures Environmental Approval for Indonesia’s Abadi LNG Project

MISC Secures Long-Term Charter for Papua New Guinea's First FSO

Dolphin Drilling, Vantris Ink Marketing Deal for Blackford Dolphin Semi-Sub

Saipem Agrees $272M Deal to Acquire Deep Value Driller Drillship

DUG Hooks Multi-Client Seismic Reprocessing Survey off Malaysia

MISC, PTSC Extend Ruby II FPSO Operations Offshore Vietnam

Petronas Takes Operatorship of Oman’s Offshore Block 18

Mubadala Hires SLB for Deepwater Drilling Services Offshore Indonesia

Malaysia Offers Nine Exploration Blocks in 2026 Bid Round

Seatrium Unit Launches Arbitration Against Petrobras over FPSO Contract

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