UNITED STATES 26 January 2021 UAB Skyroad Leasing

United States District Court, District of Columbia, 26 January 2021, Case No. 20-cv-00763 (APM)

(UAB Skyroad Leasing v. OJSC Tajik Air)

26 - 01 - 2021

UNITED STATES 26 January 2021 UAB Skyroad Leasing

Jurisdiction United States
Summary

The Court denied the petition to confirm an award of the Vilnius Court of Commercial Arbitration, finding that it could not exercise personal jurisdiction over the respondent, which, as an instrumentality of the Republic of Tajikistan, was assumed to be entitled to the protections of the Due Process Clause of the Fifth Amendment. Skyroad failed to make showings to rebut that assumption. Accordingly, consistent with the Due Process Clause the Court could only exercise personal jurisdiction over the respondent if the respondent had sufficient minimum contacts with the United States. The record, noted the Court, revealed no such contacts.

Related topics
301

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.

Procedure for enforcement in general
UNITED STATES 26 January 2021 UAB Skyroad Leasing