The Serbian Agency sought recognition and enforcement of a Serbian award, while Alita sought its annulment in Serbia, claiming that the arbitral tribunal had had no jurisdiction because Alita had been wrongfully included as a respondent in the arbitration. A first instance court partially annulled the award; the Agency appealed. While the appeal in the annulment action was pending in Serbia, the Lithuanian Court of Appeal stayed the enforcement proceedings, stating that, if the annulment decision were upheld, the subject matter of the enforcement case would disappear, in accordance with Article V(1)(e) of the New York Convention. The present decision denied exequatur, following the decision of the Supreme Court of Serbia to uphold the annulment decision.