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Procedural Posture
This document is a Petition to Enforce an Arbitral Award filed by SAUR International S.A.S. against the Republic of Argentina in the United States District Court for the District of Columbia. The petition seeks the recognition and enforcement of a final arbitral award rendered on May 22, 2014, in ICSID Case No. ARB/04/4, pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) and 22 U.S.C. § 1650a.
Legal Basis and Relief Sought
The petitioner asserts that the District Court possesses subject-matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1330(a), arguing that Argentina waived its sovereign immunity by becoming a contracting party to the ICSID Convention and by consenting to arbitration under the France-Argentina Bilateral Investment Treaty. The petition emphasizes that under Article 54 of the ICSID Convention and corresponding U.S. implementing legislation, ICSID awards are not subject to collateral attack or substantive review by domestic courts, and must be accorded the same full faith and credit as a final judgment of a state court.
Accordingly, the petitioner requests the entry of an order enforcing the arbitral award and a judgment in its favor for the principal sum of $39,990,111, alongside accrued pre-award and post-award interest, as well as arbitration costs and fees totaling $686,500 and €1,486,975, converted to U.S. dollars.