A U.S. District Court has ruled that it retains jurisdiction over a case involving Perimetral Oriental de Bogotá, S.A.S. (POB) and the Agencia Nacional de Infraestructura (ANI) of Colombia. The court's decision comes after ANI appealed a previous ruling that denied its motion to dismiss based on lack of personal jurisdiction. The court's ruling is significant as it allows POB to move forward with enforcing an arbitral award against ANI.

The case, filed under Civil Action No. 2025-1099, began when POB obtained an arbitral award against ANI and the Republic of Colombia from a tribunal in Bogotá. ANI subsequently sought to have the award set aside by the Colombian Council of State, prompting POB to petition the U.S. District Court to confirm and enforce the award. ANI's motion to dismiss the case was denied in August 2026, leading to ANI's appeal regarding the court's personal jurisdiction.

In its ruling, the court found that ANI's notice of appeal did not divest it of jurisdiction. The court explained that the order denying ANI's motion to dismiss was not appealable, stating, "The order denying ANI’s motion to dismiss for lack of personal jurisdiction is not appealable, so this Court retains jurisdiction notwithstanding the notice of appeal." The court, presided over by Judge John D. Bates, also denied ANI's request to stay the case pending the appeal and the Colombian proceedings.

The court's decision to deny a stay was based on several factors. Judge Bates noted that ANI failed to demonstrate a likelihood of success on the merits of its appeal and that mere litigation costs do not constitute irreparable injury. The court emphasized that POB has already waited over six years for resolution, and further delays could prolong the enforcement of the arbitral award.

The ruling is expected to have a significant impact on the enforcement of international arbitration awards in the U.S. It reinforces the principle that challenges to personal jurisdiction must be resolved in the context of the ongoing litigation, rather than through immediate appeals. This case illustrates the complexities involved in international arbitration and the legal processes that can arise when foreign entities are involved.

Going forward, ANI must file its opposition to POB's petition by December 10, 2026, and POB will have the opportunity to respond by January 14, 2027. The case highlights the ongoing legal battle between POB and ANI, and it remains to be seen how the D.C. Circuit will respond to ANI's appeal regarding personal jurisdiction.

Details were not available in the court filing regarding whether ANI plans to pursue further appeals after the upcoming deadlines. The outcome of this case could set important precedents for future international arbitration disputes involving foreign sovereigns.