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US court dismisses BFI Group's lawsuit against Rusal over Alscon

Tuesday, Mar 27, 2007
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Russian aluminium major Rusal said Monday that Judge William Corner of the United States Court for the Southern District of New York had granted Rusal's motion to dismiss the lawsuit brought against the company in 2006 by Nigerian consortium BFI Group over a Nigerian aluminium smelter.

Rusal said the lawsuit, which was dismissed on the grounds that New York was not the appropriate court forum for BFI Group's claims, was filed in connection with the company's acquisition of a majority stake in the Aluminium Smelter Company of Nigeria. The purchase of Alscon was closed on February 27, 2007, it said.

The purchase of the mothballed smelter Alscon was in the past clouded by allegations lodged by BFI Group in a $2.8 billion US civil lawsuit, claiming the Russian producer conspired with the Nigerian government to clinch the tender for Alscon. In May 2006 Rusal filed a motion with the New York court to dismiss the complaint previously issued against Rusal by BFI on numerous grounds, including that BFI's core claim-that it had a valid and enforceable contract with the Nigerian government-had already been rejected by a Nigerian court, and also, on the grounds of 'forum non conveniens,' as the relevant events described in the complaint occurred in Nigeria.

"Rusal has always believed that this case is entirely without merit and now welcomes the court's decision. We plan to continue the development of our business in Nigeria and look forward to the expected relaunch of Alscon by the end of 2007," the group said in a statement.

 

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