Summary

Memorandum Opinion

This dispute concerns a failed effort to build a road between the Colombian towns of Sopó and Cáqueza. Colombia's Agencia Nacional de Infraestructura (ANI) contracted with petitioner Perimetral Oriental de Bogotá (POB), a private Colombian company, to construct, operate, and maintain a 95-mile highway between the towns. After environmental concerns quickly scuttled the project, POB commenced arbitration proceedings, alleging that ANI had breached its obligations under their contract. An arbitral tribunal of the International Centre for Dispute Resolution, sitting in Bogotá and applying Colombian law, sided with POB and awarded it approximately 425 million dollars in damages.

A keen reader may now wonder: what brings a dispute over a Colombian road, between two Colombian entities, governed by Colombian law, and arbitrated in Colombia to our shores?

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CONCLUSION

For these reasons, the Court will grant Colombia's motion to dismiss and POB's motion for leave to amend its petition. It will deny, however, ANI's motion to dismiss and POB's request for leave to conduct jurisdictional discovery. A separate order will follow this memorandum opinion.

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