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Procedural Posture
This document constitutes a Petition to Confirm a Foreign Arbitral Award filed by Unicon Limited against the Islamic Republic of Afghanistan and its Ministry of Energy and Water in the United States District Court for the District of Columbia. The Petitioner seeks recognition and enforcement of a November 23, 2022 arbitral award rendered in Paris, France, under the UNCITRAL Arbitration Rules, pursuant to the New York Convention and Chapter 2 of the Federal Arbitration Act (FAA).
Factual and Legal Background
The underlying dispute arose from a contract for transaction advisory services related to a World Bank-financed electricity generation and transmission project (CASA-1000). Following Afghanistan's failure to pay for services rendered, the sole arbitrator awarded the Petitioner damages for breach of contract, plus interest and costs. In this enforcement proceeding, the Petitioner asserts that the Court possesses subject matter jurisdiction under 28 U.S.C. § 1330(a) and 9 U.S.C. § 203. The Petitioner argues that Afghanistan is not entitled to sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) due to the arbitration waiver exception (28 U.S.C. § 1605(a)(1)) and the underlying contract's express waiver of immunity.
Relief Sought
The Petitioner requests that the Court enter an order confirming the arbitral award and enter judgment against the Respondents for the principal amounts of USD 444,807 and USD 444,807, along with USD 237,573 in costs, plus applicable pre-award and post-judgment interest. The Petitioner further seeks an award for costs and expenses incurred in the enforcement proceeding.