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Reflections on Nigeria v. Process & Industrial Developments Limited

Following an unprecedented ruling by an English High Court on an application in the Nigeria v. Process & Industrial Developments Limited (P&ID) case granting Nigeria an extension in time to bring challenges under sections 67 and 68(2)(g) of the English Arbitration Act 1996 (“the 1996 Act”), this article reflects on the implication of the public policy elements of fraud relied on by Nigeria. The article interrogates the reasoning behind the Court’s decision, especially the allegations of fraud in the procurement of the underlying contract - a Gas Supply and Processing Agreement (‘GSPA’). The article also explores themes of economic justice arising from Nigeria’s reliance on fraud as a basis for challenging the arbitration award. Drawing on a recent decision of the Mozambique Constitutional Council over illegally procured commercial loans, the article argues that there are parallels and opportunities for learning between the two cases, especially relating to the role of civil society organisations (CSOs) in holding public officials accountable and exposing fraudulent deals with corrupt foreign officials. The reflection concludes with some thoughts about ongoing debates in Nigeria over whether adopting a national arbitration policy constitutes a viable option for reducing dependence on foreign courts and arbitration tribunals as forums for settling disputes with foreign investors.
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Issue: Fall 2010

The Fall 2010 issue of the Journal of International Law and Politics is available at our official NYU website.  The contents are as follows: Georges Abi-Saab, The Normalization of International Adjudication: Convergence and Divergencies, 43 N.Y.U. J. Int'l L. &…

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Alvarez on Opinio Juris

NYU Law Professor Jose Enrique Alvarez will be guest blogging this week over at Opinio Juris.  He uses his first post to outline the broad challenges facing the international investment regime.  From the post: When two of the leading capital…

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Announcing Jerome A. Cohen Prize in International Law & East Asia

Submission Deadline: 24 September 2010

In honor of Professor Jerome A. Cohen, who turns 80 on July 1, the New York University Journal of International Law and Politics is seeking papers addressing the interaction between the international legal system and Chinese and East Asian law and legal thought.   East Asia’s distinctive institutions and legal systems continue to engage in a thought-provoking conversation with the global legal order, one that challenges traditional assumptions about international law.  Such interaction shows signs of effecting transformative changes both within domestic systems and at the international level.  With the Jerome A. Cohen Prize, the Journal of International Law and Politics will honor a novel contribution to this growing body of scholarship.  Papers may focus on any substantive discipline, although special consideration will be given to work relating to the subject areas currently taught by Professor Cohen: criminal justice, foreign investment law, and the role of Chinese legal thought in international law.

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