Court: Foreign Award Can't Be Challenged In U.S.

Law360, New York (January 10, 2008, 12:00 AM EST) -- A Texas oil company cannot challenge a Swiss arbitrator's award in favor of Nigeria's government-owned petroleum company in the United States, a federal appeals court has ruled, backing a lower court's decision to toss the lawsuit.

Gulf Petro Trading Co. Inc.'s lawsuit against Nigerian National Petroleum Corp. amounts to a “collateral attack” on the arbitrator's final award and is barred by foreign sovereign immunity, the U.S. Court of Appeals for the Fifth Circuit ruled on Jan. 7.

The three-judge panel waved off Gulf Petro's claims that...
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