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Qatar National Bank v. South Sudan and Bank of South Sudan, Petitioner’s Memorandum of Points and Authorities in Opposition to Respondent's Motion for Partial Summary Judgment, February 2, 2026

2 Feb 2026
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 in Opposition to Respondent's Motion for Partial Summary Judgment
Document Details:
LISTED PARTICIPANTS
Petitioner’s Memorandum of Points and Authorities in Opposition to Respondent's Motion for Partial Summary Judgment
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
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
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 in Opposition to Respondent's Motion for Partial Summary Judgment
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a Memorandum of Points and Authorities filed by Petitioner Qatar National Bank (QNB) in opposition to a Motion for Partial Summary Judgment submitted by Respondent Bank of South Sudan (BSS). The filing arises within a recognition and enforcement proceeding before the United States District Court for the District of Columbia, wherein QNB seeks to enforce an approximately USD 1 billion ICSID arbitral award rendered against the Republic of South Sudan and BSS.

Principal Legal Issues and Parties' Positions

The central issue addressed in the memorandum is the permissible scope of judicial review in an action to enforce an ICSID award under the implementing statute, 22 U.S.C. § 1650a. BSS's motion for partial summary judgment challenges the underlying jurisdiction of the ICSID tribunal, arguing that QNB is a state-controlled entity and that South Sudan failed to properly designate BSS to ICSID.

In opposition, QNB argues that BSS is improperly attempting to collaterally attack the ICSID tribunal's jurisdiction—an issue that was fully litigated and rejected during the arbitral proceedings. QNB asserts that under the ICSID Convention and established U.S. jurisprudence, domestic courts are precluded from re-examining the merits or jurisdictional findings of an ICSID tribunal. QNB contends that the court's inquiry is strictly limited to confirming its own jurisdiction, verifying the authenticity of the award, and ensuring the enforcement order aligns with the award. Consequently, QNB requests that the court deny BSS's motion in its entirety, characterizing it as a dilatory tactic that relies on immaterial and disputed facts.