Summary

Memorandum of Points and Authorities of the Republic of Argentina in Support of Its Motion to Dismiss

The Republic of Argentina (the "Republic") (sued as "Argentine Republic"), by and through its undersigned counsel, respectfully moves for dismissal with prejudice of the Complaint (September 20, 2021), ECF No. 1 ("Compl."), filed by Webuild S.p.A, f/k/a Impreglio S.p.A. ("Webuild"), pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim because the action is time-barred.

PRELIMINARY STATEMENT

This action should be dismissed as untimely because Webuild waited until September 20, 2021, more than ten years, to seek enforcement of a June 21, 2011 international arbitration award (the "Award") made under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention").

Although the federal statute authorizing district courts to enforce ICSID awards, 22 U.S.C. § 1650a, does not contain its own statute of limitations, the most analogous statute--the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. § 207--provides for a three-year limitations period. Application of the three-year period is required by the federal interests at issue and the need for national uniformity reflected in 22 U.S.C. § 1650a.

In the alternative, even if the Court were to look to state law from which to borrow the required limitations period, the closest analogue under D.C. law would also provide for application of a three-year limitations period. See D.C. Code § 16-4425 (2008); D.C. Code § 12-301(a)(8) (2019).

Accordingly, Webuild's action, as is clear on the face of the Complaint, is untimely whether the Court borrows the required limitations period from an analogous federal statute or from D.C. law and should, therefore, be dismissed with prejudice.

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• TDM: Impregilo SpA v Argentine Republic ICSID Case No ARB/07/17 - Award - 21 June 2011
• TDM: Impregilo SpA v Argentine Republic ICSID Case No ARB/07/17 - Concurring and Dissenting Opinion of Judge Charles N Brower - 21 June 2011
• TDM: Impregilo SpA v Argentine Republic ICSID Case No ARB/07/17 - Concurring and Dissenting Opinion of Professor Brigitte Stern - 21 June 2011
• TDM: Impregilo SpA v Argentine Republic ICSID Case No. ARB/07/17 - Decision of ad hoc Committee on the application for annulment - English - 24 January 2014
• TDM: Impregilo SpA v Argentine Republic ICSID Case No. ARB/07/17 - Decision of ad hoc Committee on the application for annulment - Spanish - 24 January 2014