US Court Says Mobil, Shell May Proceed with Enforcement of $1.8bn Award Against NNPC

Emmanuel Addeh in Abuja with agency report

A United States Appeals Court yesterday said Exxon Mobil Corp and Royal Dutch Shell Plc affiliates may try to enforce part of a $1.8 billion arbitration award against Nigeria’s state-run oil company, in a dispute concerning oil extraction near the African country’s coastline.

In a 3-0 decision, the 2nd US Circuit Court of Appeals in Manhattan said a lower court judge erred in rejecting the entire October 2011 award, which by 2018 had grown to $2.67 billion including interest, against the Nigerian National Petroleum Corporation (NNPC).

It said the judge should have determined which parts of the award had been deemed enforceable by a Nigerian appeals court, a Reuters report stated.

Lawyers for the companies did not immediately respond to requests for comment.

The dispute arose from a 1993 contract for Esso Exploration and Production Nigeria Ltd and Shell Nigeria Exploration and Production Co to invest billions of dollars to develop the Erha oil field on the Gulf of Guinea, and share profits with NNPC.

Extraction began in 2006. But disagreements soon arose, and Exxon and Shell said that by late 2007 NNPC was at the government’s behest “lifting” more oil than the contract allowed, depriving them of billions of dollars.

Following the arbitration ruling, Exxon and Shell sought to enforce their award in Manhattan while NNPC sought to set it aside in Nigeria.

In yesterday’s decision, Circuit Judge Susan Carney said Exxon and Shell did not prove that setting aside part of the award violated public policy, and said U.S. courts should not second-guess Nigerian courts’ substantive views on Nigerian law.

But she said the Nigerian judgments were “ambiguous” as to how much of the award was set aside, and more fact-finding was needed.

This decision partially reversed a September 2019 ruling by U.S. District Judge William Pauley in Manhattan. Pauley died last July, and another judge will take over the case, the Reuters report added.

The case is marked Esso Exploration and Production Nigeria Ltd et al v Nigerian National Petroleum Corp, 2nd U.S. Circuit Court of Appeals, Nos. 19-3159, 19-3361.

According to court papers arising from the 2019 judgment, 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.