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Qatar National Bank v. South Sudan and Bank of South Sudan, Petitioner’s Memorandum of Points and Authorities (I), November 25, 2025

25 Nov 2025
Qatar National Bank (Q.P.S.C.) v. Republic of South Sudan and Bank of South Sudan, ICSID Case No. ARB/20/40
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Petitioner’s Memorandum of Points and Authorities (I)
Document Details:
LISTED PARTICIPANTS
Petitioner’s Memorandum of Points and Authorities (I)
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 Rees
Respondent appointee
Hélène Ruiz Fabri
Tribunal/Panel chair
Ucheora Onwuamaegbu
Arbitrator(s)
Ucheora Onwuamaegbu, Peter Rees, Hélène Ruiz Fabri
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Floriane Lavaud, Jovana Crncevic, Alexander Haden
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
Qatar National Bank, South Sudan, Bank of South Sudan, Withers Bergman
Country
United States
Print reporter
Document Summary
Petitioner’s Memorandum of Points and Authorities (I)
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Memorandum of Points and Authorities submitted by Petitioner Qatar National Bank (Q.P.S.C.) in support of its Motion for Default Judgment against Respondent the Republic of South Sudan before the United States District Court for the District of Columbia. The Petitioner seeks the recognition and enforcement of an ICSID arbitral award issued on May 7, 2024, which ordered South Sudan and the Bank of South Sudan to pay over USD 1 billion arising from a breach of a 2018 facility agreement.

Legal and Procedural Issues

The principal issue addressed is whether the Court should enter a default judgment against South Sudan pursuant to the Foreign Sovereign Immunities Act (FSIA) (28 U.S.C. § 1608(e)) and Federal Rule of Civil Procedure 55. The Petitioner asserts that the Court possesses subject-matter jurisdiction under 28 U.S.C. § 1330(a) and the FSIA’s arbitration and waiver exceptions (28 U.S.C. § 1605(a)(1) and (6)). The memorandum emphasizes South Sudan's explicit waiver of immunity in the underlying facility agreement and its implicit waiver by acceding to the ICSID Convention.

Petitioner's Position and Requested Relief

The Petitioner contends that it has established a legally sufficient prima facie case for relief under 22 U.S.C. § 1650a, which mandates that ICSID awards be afforded the same full faith and credit as final judgments of state courts. Having properly effected service via diplomatic channels under 28 U.S.C. § 1608(a)(3), and following South Sudan's failure to appear or file a responsive pleading within the statutory sixty-day period, the Petitioner requests that the Court grant the motion and enter a default judgment enforcing the pecuniary obligations of the ICSID award.