Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria - United States District Court for the District of Columbia Case No 1-22-CV-00170 - Memorandum Opinion - 26 January 2023
Petitioner Zhongshan Fucheng Industrial Investment Co., Ltd. ("Zhongshan") instituted this suit against Respondent, the Federal Republic of Nigeria ("Nigeria"), to enforce an arbitration award that-nearly two years after issuance-Nigeria has failed to pay. Nigeria now moves to dismiss the petition for lack of subject matter jurisdiction and personal jurisdiction, pursuant to Federal Rules of Civil Procedure 12(b)(1)-(2), on the grounds of sovereign immunity not exempted under the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. § 1602 et seq. See Resp't's Mot. Dismiss for Lack of Jurisdiction Under the FSIA ("Resp't's Mot."), ECF No. 24. Petitioner counters that the requirements of the FSIA's arbitration exception are met, and jurisdiction may therefore be exercised. See Pet'r's Mem. Opp'n Resp't's Mot. Dismiss ("Pet'r's Opp'n"), ECF No. 26. For the reasons explained below, petitioner has the better of the arguments under the binding precedent of the D.C. Circuit, requiring denial of Nigeria's motion to dismiss.