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Procedural Posture
This Order and Judgment, issued by the United States District Court for the District of Columbia, concerns the petition filed by MOL Hungarian Oil and Gas PLC to enforce an arbitral award rendered on July 5, 2022, against the Republic of Croatia in ICSID Case No. ARB/13/32. Following a prior memorandum opinion, the Court ordered that the ICSID award be enforced in the same manner as a final judgment of a court of general jurisdiction in the United States, in accordance with the ICSID Act.
Decision and Relief
The Court entered judgment in favor of the Petitioner in the principal amount of $286,130,794.52. In formulating the final judgment, the Court resolved the sole remaining dispute between the parties, which concerned the applicable post-judgment interest rate. Relying on established district precedent, the Court held that post-judgment interest constitutes a judgment enforcement mechanism rather than a substantive pecuniary obligation owed full faith and credit under the ICSID Act.
Consequently, the Court applied the mandatory federal statutory rate specified in 28 U.S.C. § 1961. The Court noted that exceptions to this statutory rate apply only if the parties agree to a different rate through clear, unambiguous, and unequivocal language, or if the arbitral award itself explicitly dictates the post-judgment interest rate. Finding neither exception applicable, the Court awarded post-judgment interest at the § 1961 rate, accruing from the date of the judgment until satisfied.