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UNITED STATES 2026-2
United States District Court, District of Columbia, 22 July 2025, Civil Action No.: 22-3631 (RC)
(Redes Andinas de Comunicaciones s.r.l. v. The Republic of Peru et al.)
UNITED STATES 2026-2
The District Court granted Redes Andinas’ application to confirm two Peruvian awards against the third respondents, PRONATEL (default confirmation had been granted against the first two respondents). The Court found that it had subject-matter jurisdiction over PRONATEL, an instrumentality of Peru, pursuant to the arbitration exception of the Foreign Sovereign Immunities Act (FSIA). As the Court had subject matter jurisdiction, and service had been proper, there was also personal jurisdiction.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.