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UNITED STATES 1087
United States Court of Appeals, District of Columbia Circuit, 5 August 2025, Case No. 23-7174
(Russian Federation v. Hulley Enterprises Ltd. et al.)
UNITED STATES 1087
The Court of Appeals vacated the district court decision (UNITED STATES no. 1074) that had assumed jurisdiction over Russia in the application to confirm three Dutch awards rendered in arbitration commenced under the arbitration clause in the Energy Charter Treaty (ECT) (the Yukos case). The Court held that the district court had erred in reasoning that it was bound by the findings of the arbitral tribunal when assessing the existence of the conditions for the application of the arbitration exception under the US Foreign Sovereign Immunities Act (FSIA). These conditions, the Court explained, had to be independently evaluated by the court.
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).