Recognizing Governments, Recognition of Arbitral Awards
A company based in Barbados won an arbitral award against the Bolivarian Republic of Venezuela (“Venezuela”) and petitioned to have it recognized and enforced in federal court in the United States. Venezuela objected on the ground that the arbitral panel allowed the Maduro regime to replace the lawyers that represented Venezuela – even though Maduro…
Continue ReadingThe FSIA and Agreements to Aribtrate
The enforcement of foreign arbitral awards has led to contested questions about personal jurisdiction, about the scope ofthe arbitration exception to the Foreign Sovereign Immunities Act (FSIA), and about the relationship between that exception and the New York Convention. A new case from the D.C. Circuit, Global Voice v. Republic of Guinea considers the scope…
Continue ReadingThe Solicitor General Opposes Cert in Spain v. Blasket but Opens the Door to Future FSIA Challenges to Award Enforcement
Last week, in Kingdom of Spain v. Blasket Renewable Investments LLC, the Solicitor General (SG) weighed in on whether U.S. courts have jurisdiction to enforce arbitral awards arising from disputes between European investors and EU Member States—so-called “intra-EU” investment arbitrations. These awards have generated significant controversy around the world following landmark rulings by the Court…
Continue ReadingJurisdictional Puzzles about the Enforcement of Judgments & Arbitral Awards
Two recent cases highlight unsettled questions about jurisdictional limitations on the recognition and enforcement of foreign judgements and arbitral awards. The first, Alterna Aircraft V B Ltd. v. SpiceJet Ltd., addressed whether due process requires the presence of property in the forum state if the court otherwise lacks personal jurisdiction over the debtor. In Alterna,…
Continue ReadingImmunity, Consent, and Arbitration Treaties
If a state agrees to arbitrate a dispute with a private party – through, for example, the operation of a bilateral investment treaty – and then loses the arbitration, has it waived its immunity in a suit to enforce the resulting judgment if it is a party to the Convention on the Recognition and Enforcement…
Continue ReadingEnforcement of Arbitral Awards against Russia for Expropriation of Property in Crimea
The D.C. Circuit recently cleared the way for the enforcement of foreign arbitral awards against Russia for the expropriation of electricity and gas infrastructure in Crimea. Russia argued in the case, Stabil v. Russian Federation, that there was no jurisdiction because the arbitration exception to the Foreign Sovereign Immunities Act (FSIA) did not apply and…
Continue ReadingNYC Event on Enforcement of Foreign Arbitral Awards
An upcoming panel addresses personal jurisdiction, forum non conveniens, immunity, and the enforcement of foreign arbitral awards. It will be held in New York City as part of the 20th Annual Fordham Conference on International Arbitration and Mediation. Details: November 21, 2025 9:30 – 11:00 a.m. | Award Enforcement and Personal Jurisdiction in the United…
Continue ReadingD.C. Circuit Holds that District Court Must Decide Jurisdictional Facts under FSIA for Itself
In a recent decision, Hulley Enterprises Ltd. v. Russian Federation, the D.C. Circuit held that a district court must decide for itself any “jurisdictional facts” necessary to establish subject matter jurisdiction in suits against foreign states under the Foreign Sovereign Immunities Act (FSIA). The plaintiffs sought to enforce an arbitral award against Russia. The FSIA’s…
Continue ReadingEnforcement Deadlines for Foreign Arbitral Awards and Judgments
In a recent decision, Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corp. (2025), the D.C. Circuit held that the Foreign Sovereign Immunities Act’s exceptions for implied waivers and arbitral award enforcement do not apply to proceedings to enforce foreign judgments, even when the judgment is based on an underlying arbitral award. The decision creates a…
Continue ReadingThree Questions for the Ninth Circuit in Antrix
The Supreme Court’s recent decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. represents a minimalist response to a narrow question embedded in a procedural labyrinth. As Ingrid Brunk noted on TLB, the Court resolved no significant issue, but rather corrected an obvious mistake by the Ninth Circuit. However, the case bristles with potential. Depending…
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