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Telefónica v. Colombia, Respondent The Republic of Colombia's Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Stay the Proceedings, September 8, 2026

8 Sep 2026
Telefónica, S.A. v. Republic of Colombia, ICSID Case No. ARB/18/3
Colombia’s Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Stay the Proceedings
Document Details:
LISTED PARTICIPANTS
Colombia’s Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Stay the Proceedings
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
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
Country
Print reporter
Document Summary
Colombia’s Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Stay the Proceedings
This summary note is machine-generated. Always consult the original materials.

On September 8, 2026, the Republic of Colombia filed a Motion to Dismiss for Lack of Jurisdiction or in the Alternative to Stay Proceedings before the United States District Court for the District of Columbia in response to Telefónica, S.A.’s petition to recognize and enforce an arbitral award rendered in ICSID Case No. ARB/18/3.

Colombia moves pursuant to Rules 12(b)(1) and 12(b)(2) of the Federal Rules of Civil Procedure to dismiss the enforcement petition for lack of subject matter and personal jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§ 1330, 1602 et seq. In the alternative, Colombia requests that the District Court exercise its inherent authority to stay the enforcement proceedings pending the resolution of ongoing annulment proceedings before an ad hoc Annulment Committee constituted under Article 52 of the ICSID Convention.

Respondent confirms that service was completed on July 9, 2026, pursuant to the Hague Service Convention and 28 U.S.C. § 1608(a)(2), rendering the motion timely under 28 U.S.C. § 1608(d). Colombia also requests oral argument on the motion and notes Petitioner’s opposition to the requested stay.