This memorandum of points and authorities is submitted by the Republic of Colombia in support of its motion to dismiss the enforcement petition filed by Telefónica, S.A. under the Foreign Sovereign Immunities Act (FSIA), or alternatively, to stay the proceedings pending the resolution of an ongoing ICSID annulment proceeding.

Colombia asserts that the District Court lacks subject matter and personal jurisdiction under the FSIA because neither the arbitration exception (28 U.S.C. § 1605(a)(6)) nor the implied-waiver exception applies. Colombia argues that it never consented to arbitrate the underlying contract dispute under the Colombia-Spain Bilateral Investment Treaty (BIT), as the dispute arose exclusively under domestic concession contracts containing mandatory domestic commercial arbitration clauses. In the alternative, Colombia requests a stay of proceedings pending the decision of the ICSID ad hoc Annulment Committee, arguing that judicial economy, the balance of hardships, and international comity favor deferring enforcement until the validity of the underlying award is conclusively resolved.