(JUBA) – The Bank of South Sudan has appealed a United States court ruling that enforces a $1 billion arbitration award in favour of Qatar National Bank.
According to Law360, the appeal was filed with the United States Court of Appeals for the District of Columbia Circuit in September 2026.
It challenges a judgment entered against both the central bank and the Republic of South Sudan. The Bank of South Sudan is seeking review of a federal judge’s decision enforcing the award.
The dispute dates back to a 2018 Facility Agreement. Qatar National Bank provided a $700 million loan to South Sudan, with the Central Bank of South Sudan acting as guarantor.
South Sudan failed to meet the repayment schedule from the outset. It made only about $70 million in partial payments between 2020 and 2022.
Qatar National Bank initiated arbitration at the International Centre for Settlement of Investment Disputes in September 2020. A tribunal was constituted in March 2021.
The tribunal issued its Decision on Jurisdiction and Liability in January 2024. It found South Sudan and the Bank of South Sudan liable for breach of the Facility Agreement and rejected their counterarguments.
The tribunal issued its final award in May 2024. Qatar National Bank then sought enforcement in the United States District Court for the District of Columbia.
On 17th August 2026, Judge Timothy J. Kelly entered a final judgment against both South Sudan and the Bank of South Sudan. The judgment ordered payment of $1,021,282,210.
Post-award interest was set at 13.60975% compounded quarterly from 7th May 2024 until payment in full. The court also awarded $1,350,445.65 in representation costs and $266,427.68 in arbitration costs.
South Sudan failed to appear in the proceedings. The court entered default judgment against the state.
The Bank of South Sudan contested enforcement. It argued that the arbitral tribunal lacked jurisdiction. It claimed Qatar National Bank was under state control and that the dispute was effectively between two states.
The district court rejected these arguments. It found the tribunal had fully and fairly considered its own jurisdiction, devoting over 50 pages to the issue in a 107-page decision.
The court held that under the ICSID Convention and its implementing legislation in the United States, courts may not examine an ICSID award’s merits or the tribunal’s jurisdiction.
The court also dismissed allegations of corruption. It ruled that such claims must be pursued through ICSID’s internal annulment procedures rather than in domestic enforcement proceedings.
According to Italaw, the court emphasised that “courts in Contracting States are not permitted to examine an ICSID award’s merits, its compliance with international law, or the ICSID tribunal’s jurisdiction to render the award.”
It added that courts “may do no more than examine the judgment’s authenticity and enforce the obligations imposed by the award.”
The ruling opens the way for Qatar National Bank to pursue South Sudanese assets abroad. The bank has registered the judgment in the United States, a Contracting State to the ICSID Convention.
According to Jus Mundi, the final judgment was issued on 17th August 2026 and states that it is “a final, appealable Order and Judgment.”
The appeal follows earlier efforts by South Sudan to resolve the debt through negotiation.
In July 2025, the Ministry of Finance and Planning announced that Finance Minister Marial Dongrin Ater had held a virtual meeting with Qatar National Bank officials to discuss debt settlement.
Both parties reaffirmed their commitment to an amicable resolution “in light of the longstanding partnership and economic development cooperation between Juba and Doha.” They agreed to expedite discussions to finalise repayment terms.
Those talks did not produce a settlement before the US court issued its enforcement ruling.
At current parallel market rates of about SSP 5,600 per dollar, the $1.02 billion judgment is equivalent to roughly SSP 5.71 trillion. The $1.35 million in representation costs is equivalent to about SSP 7.56 billion. The $266,427.68 in arbitration costs is equivalent to about SSP 1.49 billion.
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