Procedural Posture

This document is a Petition to Confirm a Foreign Arbitration Award filed by DP World Djibouti FZCO against the Republic of Djibouti in the United States District Court for the District of Columbia. The Petitioner seeks recognition and enforcement of a Third Partial Final Award rendered on January 20, 2022, by a London-seated tribunal under the auspices of the LCIA, pursuant to the Federal Arbitration Act (FAA) and the New York Convention.

Factual and Procedural Background

The underlying dispute arises from a 2006 Concession Agreement and a Management Services Agreement for the construction and operation of the Doraleh container terminal. The Petitioner alleges that Djibouti unlawfully enacted legislation to unilaterally terminate the concession, seized physical control of the terminal, and expelled the Petitioner’s personnel. In the ensuing LCIA arbitration, the tribunal issued a Third Partial Final Award finding Djibouti liable for breaches of the Concession Agreement, specifically regarding the deprivation of management fees and dividends.

Legal Basis for Enforcement

The Petitioner asserts that the District Court possesses subject matter jurisdiction under the FAA and the Foreign Sovereign Immunities Act (FSIA). Specifically, the Petitioner argues that Djibouti waived its sovereign immunity under 28 U.S.C. § 1605(a)(1) and (6)(B) by acceding to the New York Convention and agreeing to arbitrate disputes under the LCIA Rules. The Petition further contends that the award is final and binding, and that none of the narrow grounds for refusal or deferral of recognition under Article V of the New York Convention are applicable.

Relief Sought

The Petitioner requests that the Court enter a judgment confirming the Third Partial Final Award and adjudging Djibouti liable for monetary damages. The requested relief includes $31,390,693 for lost management fees, $116,772,715 for lost dividends, and corresponding pre-award and post-award interest compounded annually at the rate of LIBOR plus 4%.