Procedural Posture

This document is a Memorandum of Points and Authorities submitted by the Respondent, the Bank of South Sudan ("BOSS"), in support of its Motion for Partial Summary Judgment before the United States District Court for the District of Columbia. The underlying action was initiated by the Petitioner, Qatar National Bank ("QNB"), seeking to enforce a May 7, 2024, arbitral award rendered under the auspices of the International Centre for Settlement of Investment Disputes (ICSID).

Principal Legal Issues and Respondent's Position

BOSS advances two primary jurisdictional defenses to preclude the enforcement of the ICSID award. First, BOSS asserts that the ICSID tribunal lacked jurisdiction ratione personae because QNB functions as a state-controlled entity and an agent of the State of Qatar. Relying on the Broches test, BOSS argues that QNB's substantial ownership by the Qatar Investment Authority (QIA) effectively transforms the arbitration into a state-to-state dispute, which falls strictly outside the jurisdictional ambit of the ICSID Convention.

Second, BOSS contends that it was never properly or timely designated to ICSID by the Republic of South Sudan, as mandated by Article 25(1) of the ICSID Convention. BOSS emphasizes that a host State must formally designate a constituent subdivision or agency to the Centre, a procedural prerequisite that South Sudan deliberately declined to fulfill. Consequently, BOSS argues that QNB cannot unilaterally cure this jurisdictional defect by initiating the arbitration, and that the tribunal erred in extending its jurisdictional reach over BOSS without the sovereign's express designation.

Relief Sought

In light of these jurisdictional deficiencies, BOSS requests that the District Court grant partial summary judgment in its favor, thereby denying full faith and credit to the ICSID award and refusing its enforcement against the central bank.