THIS CAUSE came before the court on Petitioner, Oriental Republic of Uruguay's ("Petitioner" or "Uruguay"), Motion for Judgment on the Pleadings [ECF No. 15] (the "Motion"). This matter is before the undersigned pursuant to an Election of Jurisdiction by a United States Magistrate Judge for Trial, in which the parties jointly and voluntarily elected to have a United States Magistrate Judge conduct all proceedings in this case. [ECF No. 12- 4].
THIS COURT has reviewed the Motion, the Response and Reply thereto [ECF Nos. 15, 18, 21], as well as additional documents submitted by the parties, the pertinent portions of the record, and all relevant authorities. The Court also heard from the parties, who appeared through counsel at a hearing on May 27, 2022, and is otherwise fully advised in the premises.
Uruguay seeks to enforce an arbitration award issued in its favor and against Respondent, Italba Corporation ("Respondent" or "Italba"), by a panel convened under the authority of the International Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Mar. 18, 1965, 17 U.S.T. 1270 (the "ICSID Convention"). In the Motion now before the Court, Uruguay asserts that, given the Court's limited role in such matters (discussed below) and the absence of material factual disputes, judgment on the pleadings is appropriate. [ECF No. 15]. Italba opposes the Motion and argues that there are factual disputes that preclude judgment on the pleadings. [ECF No. 18].
Specifically, Italba challenges the authenticity of the award submitted with the Petition and whether Uruguay is entitled to prejudgment interest (and at what rate) and costs.
For the reasons set forth herein, the Court finds that Uruguay's Motion for Judgment on the Pleadings [ECF No. 15] should be granted in part and denied in part as set forth below.