- You are here:
- Home
- Court Decisions
- UNITED STATES 2026-5
UNITED STATES 2026-5
United States Court of Appeals, District of Columbia Circuit, 13 February 2026, Docket Nos. 25-7005 and 25-7064
(No. 25-7005: The Russian Federation v. Stabil LLC et al.)
... Read more
United States Court of Appeals, District of Columbia Circuit, 13 February 2026, Docket Nos. 25-7005 and 25-7064
(No. 25-7005: The Russian Federation v. Stabil LLC et al.)
(No. 25-7064: The Russian Federation v. JSC DTEK Krymenergo)
UNITED STATES 2026-5
The Court of Appeals affirmed the district court’s decision that had rejected Russia’s sovereign immunity defenses and found that it had jurisdiction over the applications to confirm a Swiss and a Dutch award rendered in respect of disputes arisen following Russia’s invasion of Crimea. The Court held that the arbitration exception in the Foreign Sovereign Immunities Act (FSIA) applied, and rejected Russia’s argument that the New York Convention did not apply because the awards were political rather than commercial, as they were based on the geopolitical determination that Crimea was a Russian territory.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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).
The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.