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Djibouti v. Doraleh Container and Others, Petition to Confirm Arbitration Awards, September 14, 2020

14 Sep 2020
Republic of Djibouti, Djibouti Ports and Free Zone Authority, and Port de Djibouti SA v. Doraleh Container Terminal SA, DP World Djibouti FZCO and Dubai International Djibouti FZE (I), LCIA No. 142732
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Petition to Confirm Arbitration Awards
Document Details:
LISTED PARTICIPANTS
Petition to Confirm Arbitration Awards
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Peter Leaver
Respondent appointee
Leonard Hubert Hoffmann
Tribunal/Panel chair
Richard Aikens
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Dennis H. Hranitzky, Debra O'Gorman, Jianjian Ye
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Quinn Emanuel Urquhart & Sullivan, Gibson Dunn & Crutcher, Djibouti, Djibouti Ports and Free Zones Authority, Doraleh Container Terminal SA, DP World Djibouti FZCO, Dubai International Djibouti FZE, Port de Djibouti
Country
United States
Print reporter
Document Summary
Petition to Confirm Arbitration Awards
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Petition to Confirm Arbitration Awards filed by Doraleh Container Terminal SA (DCT) against the Republic of Djibouti in the United States District Court for the District of Columbia. The Petitioner seeks the formal recognition and enforcement of the Third Partial Final Award (dated March 29, 2019, as corrected on May 3, 2019) and the Fourth Partial Final Award (dated July 1, 2019). These awards were rendered in a London-seated LCIA arbitration (LCIA Case No. 142732) initiated by Djibouti, which subsequently ceased its participation in the proceedings.

Legal Issues and Party Positions

The Petitioner asserts that the District Court possesses subject matter jurisdiction pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§ 201-208, which codifies the New York Convention. DCT argues that the underlying awards arose from a commercial legal relationship governed by a Concession Agreement. Furthermore, the Petitioner contends that Djibouti explicitly and implicitly waived its sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605(a)(1) and (6), by agreeing to arbitrate disputes under the LCIA Rules and because the action seeks to confirm an arbitral award governed by an international treaty in force in the United States.

Relief Sought

In its prayer for relief, DCT requests that the Court confirm the arbitral awards and enter a money judgment against Djibouti for approximately $485.7 million, exclusive of certain interest calculations. This principal amount comprises unpaid royalties, substantial damages for the breach of exclusivity rights related to the development of the competing Doraleh Multipurpose Port, and allocated arbitration costs and legal fees. The Petitioner also seeks applicable pre-judgment and post-judgment interest at the statutory rate.