The Federal Republic of Nigeria v Royal Dutch Shell Plc & Anor

The Federal Republic of Nigeria v Royal Dutch Shell Plc & Anor

The English court must decline jurisdiction under Article 29 of the Brussels Regulation (Recast) because the proceedings between the Federal Republic of Nigeria and Royal Dutch Shell PLC (and Eni S.p.A.) in England are between the same parties, have the same cause and object as the civil claim brought by the FRN in the Italian proceedings. The presence of additional claims or parties does not prevent Article 29 from applying to the overlapping claims. As Royal Dutch Shell PLC is the anchor defendant, the court also lacks jurisdiction over the other Defendants.

Parties
Claimant: The Federal Republic of Nigeria; 1st Defendant: Royal Dutch Shell PLC; 2nd Defendant: Shell Exploration and Production Africa Ltd; 3rd Defendant: Shell Nigeria Exploration and Production Company Limited; 4th Defendant: Shell Petroleum Development Company of Nigeria Limited; 5th Defendant: Shell Nigeria Ultra Deep Limited; 6th Defendant: Shell Petroleum N.V.; 7th Defendant: Shell International Exploration and Production B.V.; 8th Defendant: ENI S.p.A.; 9th Defendant: Nigerian Agip Exploration Limited; 10th Defendant: Nigerian Agip Oil Company; 11th Defendant: Agip Energy and Natural Resources (Nigeria) Limited; 12th Defendant: Malabu Oil and Gas Limited; 13th Defendant: Energy Venture Partners Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Commercial Court Civil Claim (jurisdictional Challenge) / Ruling on Applications to Decline Jurisdiction or Stay Proceedings
Outcome
Jurisdiction declined under Article 29 of the Brussels Regulation (Recast)
Legal Topics
Jurisdiction, Brussels Regulation (recast), Stay of Proceedings, Fraud, Bribery, Unlawful Means Conspiracy, Dishonest Assistance
Civil Procedure Private International Law Commercial Law Jurisdiction Brussels Regulation (recast) Stay of Proceedings Fraud Bribery +2 more

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Parties

The Federal Republic of Nigeria

Claimant

Royal Dutch Shell PLC

1st Defendant

Shell Exploration and Production Africa Ltd

2nd Defendant

Shell Nigeria Exploration and Production Company Limited

3rd Defendant

Shell Petroleum Development Company of Nigeria Limited

4th Defendant

Shell Nigeria Ultra Deep Limited

5th Defendant

Shell Petroleum N.V.

6th Defendant

Shell International Exploration and Production B.V.

7th Defendant

ENI S.p.A.

8th Defendant

Nigerian Agip Exploration Limited

9th Defendant

Nigerian Agip Oil Company

10th Defendant

Agip Energy and Natural Resources (Nigeria) Limited

11th Defendant

Malabu Oil and Gas Limited

12th Defendant

Energy Venture Partners Limited

13th Defendant

Procedural Posture

Commercial Court Civil Claim (jurisdictional Challenge) / Ruling on Applications to Decline Jurisdiction or Stay Proceedings

Legal Issues

  1. 1 Whether the English court should decline jurisdiction under Article 29 of the Brussels Regulation (Recast) due to parallel proceedings in Italy
  2. 2 Whether the claims in England and Italy involve the same cause of action and same parties
  3. 3 Whether a stay should be granted under Article 30 or case management powers

Ratio Decidendi

The English court must decline jurisdiction under Article 29 of the Brussels Regulation (Recast) because the proceedings between the Federal Republic of Nigeria and Royal Dutch Shell PLC (and Eni S.p.A.) in England are between the same parties, have the same cause and object as the civil claim brought by the FRN in the Italian proceedings. The presence of additional claims or parties does not prevent Article 29 from applying to the overlapping claims. As Royal Dutch Shell PLC is the anchor defendant, the court also lacks jurisdiction over the other Defendants.

Court Disposition

Jurisdiction declined under Article 29 of the Brussels Regulation (Recast)

Orders

  • The court declines jurisdiction over the action against Royal Dutch Shell PLC and, consequently, over the other Defendants.