Menzies Middle East and Africa SA v Republic of Niger - United States District Court Southern District of New York Case No 1-25-mc-00332 - Opinion and Order - 28 July 2026

Country

Year

2026

Summary

OPINION AND ORDER

Petitioner Menzies Middle East and Africa SA ("Menzies"), an aviation services firm, moves for a writ of attachment and execution on a building located at 5 East 80th Street, New York, NY (the "Property") owned by Respondent Republic of Niger ("Niger") pursuant to 28 U.S.C. § 1610(c) and a restraining notice prohibiting Niger from transferring the Property pursuant to N.Y. C.P.L.R. ("CPLR") § 5222. Menzies seeks to execute on the property to satisfy an approximately $7 million arbitral award it obtained in 2013, which was subsequently confirmed in a judgment entered by the United States District Court for the District of Columbia (and thereafter registered in this District). Niger opposes the motion, arguing that its choice to use the rental proceeds from the Property to fund its diplomatic mission to the United Nations renders the Property immune from attachment or execution. The Court disagrees, as the Property falls squarely within an exception to Niger's immunity from attachment or execution for property that is "used for a commercial activity in the United States." Accordingly, and for the reasons that follow, Menzies's motion for a writ of attachment or execution and a restraining notice is GRANTED.

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The underlying dispute that gave rise to this case dates back to 2004, when Menzies submitted a bid to perform ground-handling services at Niger's airports and was ultimately awarded a ten-year contract. See Menzies Middle East & Africa SA v. Republic of Niger, No. 24-CV- 0466 (ABJ), 2025 WL 1836023, at *1 (D.D.C. July 3, 2025). Approximately halfway through the contract period, however, Niger issued decrees that effectively abrogated the contract, created a competing ground-handling unit at the country's main airport, and requisitioned Menzies's personnel and equipment without compensation. See id. After judicial proceedings in Niger failed to resolve the dispute, Menzies initiated an arbitration before the International Center for the Settlement of Investment Disputes ("ICSID") pursuant to the terms of its contract with Niger. Niger initially challenged the ICSID's jurisdiction, but it later ceased all involvement in the arbitral proceedings and was declared to be in default. On July 15, 2013, the ICSID tribunal issued a final decision, finding that Niger had breached its contract with Menzies and ordered it to pay 4,641,592.15 in damages and 118,000 in defense costs, arbitration costs, and interest (the "Award").

Menzies then filed suit in the United States District Court of the District of Columbia to confirm the Award. Niger failed to appear in that action and, on July 3, 2025, the Honorable Amy Berman Jackson granted Menzies's motion for default judgment against Niger and confirmed the Award, entering judgment - after conversion of the Award from Euros to dollars - in the amount of $7,603,623.31, not including post-judgment interest. On August 5, 2025, Menzies registered that judgment in this District, and the Clerk of Court issued an abstract of judgment two days later. Thereafter, the judgment was also translated and, on August 27, 2025, delivered to Niger's Ministry of Foreign Affairs.

This action began in earnest months later on February 4, 2026, when Menzies filed a motion seeking: (1) a temporary restraining order ("TRO") that would prevent Niger from disposing of the Property during the pendency of litigation; and (2) a writ of execution on the Property pursuant to 28 U.S.C. § 1610(c). See ECF No. 5. After ordering further briefing, the Court denied Menzies's request for a TRO, finding that Menzies had failed to establish irreparable harm because it had offered nothing more than speculation that Niger could sell the Property on short notice. But the Court reserved judgment on Menzies's requests for additional injunctive relief, including a writ of execution and a restraining notice, pending further briefing. The parties have since submitted additional briefs addressing that issue.

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Foreign Sovereign Immunities Act ("FSIA")

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