Russia

Russia Continues Pressing Sovereignty Claims in the Yukos Award Saga

Russian 200 ruble note

Yukos Oil Company (“Yukos”) shareholders’ attempts to enforce their $50 billion arbitral award against the Russian Federation are moving forward in the U.S. District Court for the District of Columbia. On November 17, 2023, Judge Beryl Howell denied Russia’s motion to dismiss the case for lack of subject matter jurisdiction under the Foreign Sovereign Immunities…

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Domestic Litigation and Compensation to Ukrainian Victims of Russian Aggression

Many proposals to compensate Ukrainian victims of Russian aggression do not directly involve domestic courts, in part because foreign sovereign immunity poses significant obstacles to such litigation. There are, however, important cases against Russia currently pending in Ukrainian courts. These cases were the subject of a recent session held in Lviv, Ukraine, as part of…

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Smagin‘s Surprises

Last week’s decision in Yegiazaryan v. Smagin was surprising in a number of respects, from the line-up of the Justices to the possible shift it signals in the presumption against extraterritoriality.

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Sanctions Against Russia and Section 1782 Discovery

Since the “military operation” in Ukraine began in 2022, Russia has become the most sanctioned country in the world. U.S. blocking and sectoral sanctions now cover numerous Russian entities, especially banks, which were the most active litigants in transnational disputes. The U.S.-Russia relationship is probably at its worst in 30 years, and Russia has officially…

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New Scholarship on Sanctions and Central Bank Immunity

Ingrid has a new paper out on recent developments in central bank immunity, focusing on sanctions by the United States and other countries involving Russian, Afghan, and Venezuelan central bank assets and their relationship to immunity. Some of the issues addressed in the paper involve transnational litigation in U.S. courts, including the entitlement of sovereign…

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The Impossibility of Serving Russian Defendants

The Hague Service Convention is a blessing and a curse. By obligating each country that has joined to designate a Central Authority for effectuating service of process on defendants within its territory, the Convention provides a means of service that respects foreign sovereignty, complies with federal rules, and helps ensure the enforceability of resulting judgments….

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Serving Defendants in Ukrainian Territory Occupied by Russia

Both Russia and Ukraine are member states of the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention (HSC)). After Russia occupied the Autonomous Republic of Crimea and its capital city, Sevastopol, and exercised control over certain areas of Ukraine (the “Occupied Areas”), Ukraine filed…

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Cert Petition Highlights Split on Extraterritorial Application of Civil RICO

In RJR Nabisco v. European Community (2016), the Supreme Court held that RICO’s civil cause of action requires a domestic injury to business or property. The Court noted, however, that “[t]he application of this rule in any given case will not always be self-evident, as disputes may arise as to whether a particular alleged injury…

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How Congress Should Designate Russia a State Sponsor of Terrorism

Cross Posted at Just Security Appearing before the United Nations General Assembly late last week, Ukrainian President Volodymyr Zelenskyy renewed his call for the designation of Russia as a state sponsor of terrorism.  Proponents of the designation argue that it would ratchet up sanctions–making it more difficult for Russia to continue the war against Ukraine–and…

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Russia Should Not be Designated a State Sponsor of Terrorism

Editor’s Note: This article also appears in Just Security.

Members of Congress and President Zelenskyy of Ukraine have called for U.S. Secretary of State Antony Blinken to designate Russia a state sponsor of terrorism, and late last month the Senate Foreign Relations Committee reported out a resolution to this effect. The designation would have important…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Aaron D. Simowitz

Willamette University College of Law
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Timothy D. Lytton

Georgia State University College of Law
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Chukwuma Okoli

University of Birmingham
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Abubakri Yekini

University of Manchester
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Haley Anderson

University of California Berkeley
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Brian D. Hulse

Davis Wright Tremaine LLP
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Wenliang Zhang

Renmin University of China Law School
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Haoxiang Ruan

Renmin University of China Law School
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Melissa Kucinski

MKFL
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