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Procedural Posture
This document is a Memorandum of Points and Authorities submitted by Petitioner Qatar National Bank (Q.P.S.C.) in support of its Motion for Default Judgment against Respondent the Republic of South Sudan before the United States District Court for the District of Columbia. The Petitioner seeks the recognition and enforcement of an ICSID arbitral award issued on May 7, 2024, which ordered South Sudan and the Bank of South Sudan to pay over USD 1 billion arising from a breach of a 2018 facility agreement.
Legal and Procedural Issues
The principal issue addressed is whether the Court should enter a default judgment against South Sudan pursuant to the Foreign Sovereign Immunities Act (FSIA) (28 U.S.C. § 1608(e)) and Federal Rule of Civil Procedure 55. The Petitioner asserts that the Court possesses subject-matter jurisdiction under 28 U.S.C. § 1330(a) and the FSIA’s arbitration and waiver exceptions (28 U.S.C. § 1605(a)(1) and (6)). The memorandum emphasizes South Sudan's explicit waiver of immunity in the underlying facility agreement and its implicit waiver by acceding to the ICSID Convention.
Petitioner's Position and Requested Relief
The Petitioner contends that it has established a legally sufficient prima facie case for relief under 22 U.S.C. § 1650a, which mandates that ICSID awards be afforded the same full faith and credit as final judgments of state courts. Having properly effected service via diplomatic channels under 28 U.S.C. § 1608(a)(3), and following South Sudan's failure to appear or file a responsive pleading within the statutory sixty-day period, the Petitioner requests that the Court grant the motion and enter a default judgment enforcing the pecuniary obligations of the ICSID award.