BC LAW
Saved by @Alex1Powell

LONG THREAD ALERT!

Please read slowing.
Slooowly.

 The Federal High Court in Lagos on Monday upheld a landmark $1.7billion arbitral award in favour of the Nigerian Petroleum Development Co. (NPDC) Ltd against the Atlantic Energy Drilling Concepts Nig. Ltd and Atlantic Energy Brass Development Ltd.
Justice A. Faji dismissed Atlantic Energy’s application to set aside the Arbitral Award of March 5, 2020.
He upheld the submissions of NPDC lead counsel Prof Fabian Ajogwu SAN and granted orders recognising the $1.7bn Arbitral Award as well as for leave to enforce same as a judgment of the Federal High Court.
This landmark decision upholds one of the single largest Awards ever in a Nigerian Arbitration.
Sometime in August 2015, Atlantic Energy, through its lawyer, T. Fagbohunlu SAN, took the NNPC to arbitration for alleged breach of contract.
NPDC in response, filed a counter-claim for funds due to the Federal Government on account of crude oil sales from the Oil Mining Leases (OMLS) 26, 30, 34, 42, 60, 61, 62 and 63 (known as ‘Brass and Forcados assets’) without payment of remittances due.
NPDC also sought the recovery of unpaid net approved cash calls in respect of the OMLs.

On March 5, 2019, the Arbitral Tribunal in agreeing with Ajogwu’s arguments, delivered a landmark Arbitral Award of $1.7bn in the NPDC’s favour.
It ordered Atlantic Energy pay the $1.7bn to NPDC as the value of the 55 per cent crude oil portion of the Federal Government taken and sold by Atlantic but not remitted to NNPC.
Atlantic Energy (Award debtors) sought an Order of Court to set aside the arbitral award delivered in favour of NPDC because the Arbitral Tribunal allegedly misconducted itself by wrongfully assuming jurisdiction over NPDC’s Counter-Claim,
and dismissing their preliminary objection to the said Counter-Claim.

NPDC, at the same time, sought for an Order of Court to recognise and enforce the arbitral award.
In upholding Ajogwu’s submissions,
Justice A. Faji of the Federal High Court, held that NPDC’s Counter-Claim in the Arbitration was distinct in all material respects from the suit referred to by the Award Debtors.
According to the Judge, as rightly argued by Ajogwu,, whilst the claim in suit 701 touched on criminal conversion/ diversion of revenue due to the Federation, the counter-claim to the Arbitration bordered on breach of the
Strategic Alliance Agreement between NPDC and the Award Debtors.

Accordingly, the Court dismissed the Award Debtors’ application to set aside the Arbitral Award.
This landmark decision settled the question of the impact of non-payment of signature fees on lifted crude oil as well as the principles of Unjust Enrichment in Crude oil lifting and recovery.
Furthermore, the significance of this Arbitration to Nigeria, which depends mostly on Crude oil for revenue generation and economic development is enormous for the Nigerian economy, which is heavily dependent on crude oil revenues.
https://t.co/kxvwYLsSPg

More from Law

Gorey Details
Gorey Details
@GoreyDetails
This will be a thread containing the more sensitive information @LLinWood tweeted tonight.
LAW
Live Law
Live Law
@LiveLawIndia
Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister


Sivasankar is presently in ED's custody for alleged involvement in the Kerala Gold Smuggling case. He is also being investigated by the NIA and Customs Department.

Senior Advocate Jaideep Gupta is arguing for Sivasankar.

He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.

Gupta claims statement made by co-accused Swapna Suresh about Sivasankar's involvement are not credible as the same were made after her arrest.

Gupta points out that the correspondence between Sivasankar and Swapna does not disclose any knowledge on the latter's part.

He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.
LAW
Advertisement
\U0001f3f4\U000e0067\U000e0062\U000e0073\U000e0063\U000e0074\U000e007f\U0001f1ec\U0001f1e7Edward Thomas Black
🏴󠁧󠁢󠁳󠁣󠁴󠁿🇬🇧Edward Thomas...
@edglasgow59
1/

The SNP versus the Law

The SNP is in trouble. They know it and we know it. It’s almost certain that Nicola Sturgeon will need to resign for lying to Holyrood

This explains the frantic calls for another referendum

Brexit is done and the sky didn’t fall in

2/

This removes their number one Bête Noire. A Disastrous hard Brexit

They were banking on that happening. There will be, and are, difficulties with the new trading arrangements but these will play out over years and will be sorted one way or another

3/

The Law

As it stands, the SNP cannot call another referendum without the permission of the UK Parliament

Some people dispute this, including many in the SNP

So. What’s the alternative?

The could call a non binding non legal referendum but what’s the point

Unionist will

4/

boycott it and non SNP councils will refuse to participate

Although that’s their latest plan, it’s a non starter

In the absence of a S30 order their only recourse is to test the competence to hold another referendum in the Supreme Court

This is fraught with dangers

5/

They have to balance the possibility of getting a positive SC judgement against getting a negative judgement

I’ll start with the negative judgement first

Were the Scot Gov to go to the SC they would risk not one but two massively disastrous and fatal outcomes
LAW
Jonathan Urick
Jonathan Urick
@jonathanurick
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:


Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.

Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:

According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.

The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
LAW
Billy Bostickson \U0001f3f4\U0001f441&\U0001f441 \U0001f193
Billy Bostickson 🏴👁&👁 ...
@BillyBostickson
A Call for Help!
1. we have a petition/open letter for the WHO
https://t.co/Bie8pUy7WJ
2. 372 people signed it but we want to boost it
3. I post link ascomment on related YT videos
Tks @KevinMcH3 for the tip
4. You can help by liking the comments
5. That will increase visibility!


6. Links for YT videos with comments are here
1. China curtails hunt for virus origins
https://t.co/NhcYdtsd2Y
2. China: nearly 500,000 may have been infected in Wuhan
https://t.co/KRUQ5hFrii
3. WHO becomes US-China battleground | DW Documentary
https://t.co/8ah8M8bpiB


4. Gravitas: The 'hidden hunt' for COVID-19 origins
https://t.co/hHhhUqgPYt
5. Seeking the invisible: hunt for origins of deadly Covid-19 coronavirus will take scientists to Wuhan
https://t.co/tCPQqjUZF3
6. WHO team to probe COVID-19 origins in

7. How forensic researchers track down origins of SARS-CoV2
https://t.co/r7A1lkr5li
8. Bats, roadblocks & the origins of coronavirus - BBC
https://t.co/Kh9jacC54t
9. New coronavirus strain is far more infectious and spreading among young - BBC

10. https://t.co/OcpAZ9nrl3
11. https://t.co/OcpAZ9nrl3
12. https://t.co/OcpAZ9nrl3
13. https://t.co/PhmoSfvbD8
14. https://t.co/TsvB7SYN2c
15. https://t.co/0o5YbmiUbJ
16. https://t.co/ir7QiwmlWt
17. https://t.co/PTT3KZDi8F
18.
LAW

You May Also Like

David Rothkopf
David Rothkopf
@djrothkopf
If there is one thing I have learned it is that people love bullshit. They buy bullshit stories from professional bullshit artists, accept bullshit philosophies, purchase bullshit how-to-books, vote for bullshitting politicians.

At first, I resisted believing this because it is illogical and dumb and frankly, doesn't reflect well on the human race of which I am a member (and thus have long been hopeful that it is more of a distinction than it actually turns out to be.)

But if you actually are interested in facts you begin to notice how little most people care for them. Sometimes it is because they are heard to learn and bullshit is so much more widely and easily available. Sometimes it is because facts make them uncomfortable about themselves.

Sometimes it is because just one tiny fact will upset a whole worldview that has grown as comfortable as an overstuffed chair. (Settling into such worldviews is a lot like settling into chairs like that because the longer you're there and the deeper you sink...

...the harder it is to hoist yourself up and out of your fat-assed intellectual laziness.) But I actually think the reason people have such an appetite for bullshit goes deeper, goes to an aspect of ourselves we just can't accept.
LIFE
Mike DiCenzo
Mike DiCenzo
@mikedicenzo
"How the Avengers would respond to the Capitol riot" (a thread)

CAPTAIN AMERICA - tells Falcon, "I fought Nazis once before. They're extremely dangerous." They then see the guy scaling the Capitol wall fall into the shrubs. Falcon: "You sure these are the same Nazis?"

IRON MAN - lands by the guy carrying the podium. Says, "Mind if I borrow this?" then tosses it to Hulk, who swings it like a bat at the mob. Guy: "Hey, that's MY podium!" Iron Man: "Actually it's the Speaker's. And technically, it's a lectern." Then punches him through a wall.

BLACK WIDOW - enters hotel room where Jack Dorsey is tied up. Rips duct tape off his mouth. Jack: "I'll do anything you want!" BW: "Disable POTUS's Twitter. NOW!" Jack fumbles with his phone. "Done. Anything else?" BW: "Yeah. Trim your beard for God's sake." *tosses him clippers*

HULK - grabs a selfie stick from one of the guys and beats him over the head with it. Deeming it too small, he grabs another guy's Confederate flag and takes out a whole swath of rioters. He then tosses the flag to Cap, who uses it as a javelin to impale a fleeing Ted Cruz.

HAWKEYE - hears Iron Man in his earpiece say, "Looks like Orange Julius is tweeting from another account." Hawkeye: "On it." He locks in on Trump through the White House window and fires an arrow, knocking the phone out of Trump's hands. Hawkeye: "Damn that felt good."
GOVERNMENT
Advertisement
Dr Fish Philosopher Todd (Dr FPT)\U0001f41f
Dr Fish Philosopher To...
@ZoeSTodd
1. I was walking in the woods yesterday and I had an epiphany. It wasn’t one I wanted to have. I was thinking about today’s class, where we are reading Kimmerer’s ‘Gathering Moss’. I’ve taught Braiding Sweetgrass in multiple classes every year since 2016. It’s eminently teachable

2. Both books are beautifully written. Students uniformly enjoy them as assigned reading. They do a great job communicating to non-Indigenous folks the contours of basic Indigenous relationships to more-than-human beings. They’re wildly popular with white readers.

3. I’ve found Braiding Sweetgrass to be a great entry point for non-Indigenous folks to Indigenous scholarship. But this is where yesterday’s epiphany comes in. Neither Braiding Sweetgrass or Gathering Moss tends to the deep deep lineages of Indigenous scholarship in Canada or US

4. As the popularity of ‘Braiding Sweetgrass’ has soared, I’ve seen more and more white folks wax on about ‘braiding knowledge’. But they often don’t know any of the lineages of these concepts beyond what is presented in this one book. They confidently run with this.

5. Kimmerer does a commendable job of weaving in her own experiences, her family stories+nods to some very important knowledge keepers who deserve to be celebrated for their work. But Braiding Sweetgrass does not tend to the citational politics Sara Ahmed & others teach us about
SOCIETY
Jim O'Shaughnessy
Jim O'Shaughnessy
@jposhaughnessy
I’m torn on how to approach the idea of luck. I’m the first to admit that I am one of the luckiest people on the planet. To be born into a prosperous American family in 1960 with smart parents is to start life on third base. The odds against my very existence are astronomical.


I’ve always felt that the luckiest people I know had a talent for recognizing circumstances, not of their own making, that were conducive to a favorable outcome and their ability to quickly take advantage of them.

In other words, dumb luck was just that, it required no awareness on the person’s part, whereas “smart” luck involved awareness followed by action before the circumstances changed.

So, was I “lucky” to be born when I was—nothing I had any control over—and that I came of age just as huge databases and computers were advancing to the point where I could use those tools to write “What Works on Wall Street?” Absolutely.

Was I lucky to start my stock market investments near the peak of interest rates which allowed me to spend the majority of my adult life in a falling rate environment? Yup.
ALL
Jaya_Upadhyaya
Jaya_Upadhyaya
@Jayalko1
SRI KUMARIAMMAN, KANYAKUMARI (TN)
#bharatmandir #navratri2021

Created by Maharshi Parasurama and also one among the 108 Shakthi Peethas in the world. The name Kanyakumari stands for Kanya(Virgin) and Kumari(girl).
Devi took this form to vanquish the demon Banasura
@GunduHuDuGa


Once, Banasura(grand son of Mahabali) obtained a boon from Shiva that he could be vanquished only by a virgin.
So, Devi took the form of a kumari and started meditating with the desire to marry Shiva at Suchindram.
Pleased Shiva fixed the midnight hour for marriage with Devi.


Devarshi Narada knew that the marriage would end the chance of killing Banasura. So, he assumed the form of a cock and crowed. Shiva returned back to Suchindram thinking that it was dawn.
Angered, Devi cursed that all food and articles meant for wedding turn into sand and shells


When Banasura heard about Devi’s beauty, he tried to take her by force. Devi, then, killed him and granted the wish of Devas to remain there always protecting them.
The murti of Devi stands with a rosary in hand. Her diamond nose-ring is said to be visible even from the sea.


Once an ancient mariner mistook it for a lighthouse and sailing towards it, his ship wrecked upon the Kanya Kumari rocks. In order to prevent such a tragedy from happening again, the eastern door of the shrine is opened only on five special occasions throughout the year.
ALL