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Continental Transfert Technique Ltd. v. Federal Government
800 F. Supp. 2d 161
D.D.C.
2011
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Background

  • Arbitration between Continental and Nigeria occurred in 2007 to resolve a contract dispute.
  • The arbitral award in favor of Continental totaled 29.6 billion Nigerian naira, plus costs (including 95% of arbitration costs).
  • Nigeria sought to have the award recognized in the UK and sought to stay or vacate enforcement based on Nigerian court proceedings.
  • Continental sought enforcement in the United States under the New York Convention and, later, under the DC Uniform Foreign-Money Judgments Recognition Act (UFMJRA) for the English judgment.
  • The Nigerian court later found the arbitral award valid and enforceable, and the English judgment remained subject to a stay only if security was posted but such security was never posted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the arbitral award is enforceable under the New York Convention Continental argues no grounds exist to refuse enforcement Nigeria contends possible vacatur or stay due to Nigerian proceedings Yes, enforceable; summary judgment granted
Whether the English judgment is enforceable under the UFMJRA English judgment is final and enforceable Nigeria did not show bond was posted or effective stay Yes, enforceable under UFMJRA
Whether ongoing Nigerian proceedings negated enforcement Proceedings resolved in Continental's favor; no basis to stay Forum considerations warranted stay No; no basis to refuse enforcement

Key Cases Cited

  • Termorio S.A. E.S.P. v. Electranta S.P., 487 F.3d 928 (D.C.Cir. 2007) (recognition/enforcement under NY Convention; summary enforcement procedure)
  • In re Chromalloy Aeroservices, Inc., 939 F. Supp. 907 (D.D.C. 1996) (standard for enforcement under New York Convention; grounds for refusal)
  • Jiangsu Changlong Chems., Co. v. Burlington Bio-Med. & Scientific Corp., 399 F. Supp. 2d 165 (E.D.N.Y. 2005) (enforcement as a summary proceeding under NY Convention)
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Case Details

Case Name: Continental Transfert Technique Ltd. v. Federal Government
Court Name: District Court, District of Columbia
Date Published: Aug 3, 2011
Citation: 800 F. Supp. 2d 161
Docket Number: Civil Action 08-2026 (PLF)
Court Abbreviation: D.D.C.