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UNITED STATES 1016
United States District Court, District of Columbia, 20 November 2020, Civil Action No. 14-1996 (BAH)
(Hulley Enterprises Ltd., et al. v. The Russian Federation)
UNITED STATES 1016
In this Yukos case, the Russian Federation sought a stay of the proceedings for the confirmation of a Dutch award, pending the review by the Dutch Supreme Court of the judgment rendered by the court of appeal in the Dutch setting aside proceedings. The Court held that considerations of judicial economy, the balance of hardships, and international comity required that the stay be granted.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.
The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.