Summary

Judgment

The present case arises from an extensive dispute over land in what is now The Republic of Zimbabwe ("Zimbabwe"). Petitioners-Appellees are Elisabeth Regina Maria Gabriele von Pezold (in her personal capacity and as executrix of her deceased husband's estate) and various heirs and assigns (hereinafter referred to as the "von Pezolds"), and Border Timbers Limited and Hangani Development Company (Private) Limited (hereinafter referred to as "Border Companies"). After submitting their land disputes to arbitration under the International Centre for the Settlement of Investment Disputes ("ICSID") Convention, the von Pezolds and Border Companies received separate arbitration awards in their favor from an ICSID arbitration tribunal in the amounts of $195,001,163 and $124,041,223, respectively, plus interest, cost, and expenses.

After Zimbabwe unsuccessfully attempted to annul the arbitration awards, the von Pezolds and Border Companies each petitioned to enforce the arbitral awards in the United States District Court for the District of Columbia.

Zimbabwe filed motions to dismiss the petitions in the District Court arguing, inter alia, that the District Court did not have subject matter jurisdiction to enforce the arbitral awards because of Zimbabwe's sovereign immunity. Deciding the cases in the same Memorandum Opinion, the District Court denied Zimbabwe's motions to dismiss the petitions finding, inter alia, that Zimbabwe waived its sovereign immunity under both the implicit waiver exception and arbitration exception to the Foreign Sovereign Immunities Act ("FSIA"). 28 U.S.C. §§ 1605(a)(1), 1605(a)(6). Zimbabwe seeks interlocutory review based on the collateral order doctrine. Id. § 1292.

We affirm the District Court in finding that Zimbabwe waived its sovereign immunity under the arbitration exception, but decline to address whether the implied waiver exception applies.