This is a case about forum-shopping. Plaintiff Aenergy, S.A. alleges that the Republic of Angola unlawfully terminated several utility contracts awarded to it by the Angolan government. Aenergy sought to have those contracts reinstated in Angolan court, and that case remains pending. Soon after, Aenergy filed a lawsuit seeking damages for breach of contract in the Southern District of New York. The court dismissed that suit under the doctrine of forum non conveniens. The Second Circuit affirmed.
Aenergy takes another swing in this district. It again sues Angola and various arms of Angola's government for breach of contract. Defendants again move to dismiss. The Court will grant that motion. Aenergy cannot overcome the prior dismissal's preclusive effect. And regardless, this Court agrees with the well-reasoned decisions of the Southern District and Second Circuit and finds that this case belongs in an Angolan court.