International

How Two Irish Businessmen Almost Took Nigeria for $11 Billion

A mundane contractual provision met with rampant corruption — revealing a serious vulnerability in one of the backbones of international commerce.

Most of these arbitration cases wouldn’t generate headlines even if the doors were flung open. Many are just a couple of businesses fighting over money. Then there’s a subset of cases in which a business, or a single investor, can bring a claim against a sovereign state — many of these manage to be equally unremarkable. In 2012, a Swedish nuclear-power company took Germany to arbitration for phasing out its nuclear program ahead of schedule — the German government was spooked by the Fukushima disaster — and received more than one billion euros in the settlement.

Lawyers who practice in the area see it as a way to keep global commerce flowing smoothly. “If you didn’t have this system, you’d have what there used to be, which was gunboat diplomacy,” Gary Born, an international arbitration lawyer based in London, told me. “A foreign ministry, or somebody’s military, would take up cudgels on behalf of the local investor against the host state.” A country that doesn’t pay its arbitration bills can wind up blackballed by foreign investors. “Rather than hopelessly resist,” Born told me, “the overwhelming majority of parties voluntarily comply.”

READ MORE>>

By International Desk

Share
Published by
By International Desk

Recent Posts

President Mahama ‘shakes’ the Superior Courts

In line with Article 144 (3) of the Constitution, 1992, the President of the Republic,…

6 hours ago

Case of the week: The Montie 3 case

This case touches on the constitutional limits of freedom of expression and the media’s role…

12 hours ago

Full Bail Ruling: Patricia Asiedua alias Agradaa v The Republic

The applicant herein, Madam Patricia Asiedua alias Nana Agradaa is a pastor and the founder…

2 days ago

Management Of Appeals & Expeditious Dismissal Of Frivolous Appeals By The Supreme Court

Appeals are not about retrying the facts, but about ensuring that the law was applied…

3 days ago

A Plea to a Regional Court, the U.S. Birthright Citizenship Debate Rekindled, and Other Legal Highlights

This week, it emerged that suspended Chief Justice Gertrude Torkornoo has filed a legal action against the…

3 days ago

Case of the Week: Pearson Education Ltd v Adjei

Morgan Adzei authored Woes of the African Mother, a novel selected by WAEC as a…

6 days ago