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Perimetral Oriental de Bogota v. ANI, Petition to Enforce Arbitration Award, Apr 11, 2025

11 Apr 2025
Perimetral Oriental de Bogota S.A.S. and Shikun & Binui VT AG v. Agencia Nacional de Infraestructura (Colombian National Infrastructure Agency), ICDR Case No. 1-20-0015-3123
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Petition to Enforce Arbitration Award
Document Details:
LISTED PARTICIPANTS
Petition to Enforce Arbitration Award
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)
Salvador Fonseca González
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Rahim Moloo, Jason W. Myatt, Zachary Kady, Miguel A. Estrada
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
Entities
Agencia Nacional de Infraestructura, Gibson Dunn & Crutcher, Perimetral Oriental de Bogota S.A.S., Colombia
Country
United States
Print reporter
Document Summary
Petition to Enforce Arbitration Award
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document constitutes a Petition to Confirm Arbitral Award filed by Perimetral Oriental de Bogotá, S.A.S. before the United States District Court for the District of Columbia. The Petitioner seeks to enforce a December 18, 2024 partial award (as clarified on March 7, 2025) rendered in an ICDR arbitration seated in Bogotá, Colombia, against the Agencia Nacional de Infraestructura (ANI) and the Republic of Colombia.

Principal Legal Issues and Party Positions

The core legal issue concerns the recognition and enforcement of a foreign arbitral award under the New York Convention and Chapter 2 of the Federal Arbitration Act (FAA). The Petitioner asserts that the Court possesses subject-matter jurisdiction over the Republic of Colombia pursuant to the Foreign Sovereign Immunities Act (FSIA), specifically invoking the implied waiver and arbitration exceptions (28 U.S.C. § 1605(a)(1) and (6)).

A significant portion of the Petition is dedicated to establishing that ANI operates as an integral arm or political subdivision of the Colombian State, rather than a mere commercial agency or instrumentality. The Petitioner argues that ANI exercises quintessentially sovereign powers, including the authority to expropriate private property, impose administrative sanctions, and unilaterally terminate public concession contracts. Consequently, the Petitioner contends that ANI and the Republic of Colombia are legally indistinguishable for the purposes of liability and sovereign immunity under the FSIA.

Relief Requested

The Petitioner requests that the Court confirm the arbitral award and enter judgment against both ANI and the Republic of Colombia. Specifically, the Petitioner seeks an order directing the Respondents to pay the United States Dollar equivalent of COP 1,332,305,900,000, calculated at the prevailing exchange rate as of the date of the judgment, alongside applicable pre- and post-award interest.