Procedural Posture

This document is a Petition to Confirm Arbitral Award filed by DIGOIL against the Democratic Republic of Congo (DRC) in the United States District Court for the District of Columbia. The petition seeks the recognition and enforcement of a $619,270,111.62 arbitral award rendered on November 7, 2018, in ICC Arbitration No. 22370/DDA, pursuant to the New York Convention and the Federal Arbitration Act (FAA).

Legal Issues and Positions

The petitioner asserts that the District Court possesses subject-matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA). DIGOIL argues that the DRC explicitly waived its sovereign immunity from jurisdiction in the underlying 2007 and 2008 production-sharing agreements, and implicitly waived immunity by becoming a signatory to the New York Convention. The petitioner contends that the underlying dispute—arising from the DRC's failure to issue a requisite presidential order and its unlawful reallocation of exploration rights—is commercial in nature and falls squarely within the scope of the FAA and the New York Convention.

Relief Sought

DIGOIL requests that the Court enter an order confirming the arbitral award and entering judgment in its favor against the DRC. The requested judgment includes the principal damages and costs totaling $619,270,111.62, alongside post-award interest calculated at the rate of return of 20-year U.S. Treasury bonds plus 2%, accruing from the date of the award until full payment is executed.