Brief for Amici Curiae Andrea K. Bjorklund, Diane Desierto, and Franco Ferrari in Support of Petitioners-Appellants and Reversal

Authors

James E. Berger, King & Spalding LLP
Charlene C. Sun, King & Spalding LLP
Diane Desierto, Notre Dame Law SchoolFollow
Anread K. Bjorklund, McGill University Faculty of Law
Franco Ferrari, New York University School of Law

Document Type

Brief

Publication Date

6-1-2021

Abstract

No Date for Oral Argument Has Been Set

No. 20-7113
Hulley Enterprises Ltd. v. Russian Federation

On appeal from the United States District Court for the District of Columbia, No. 14-1996 (BAH)

From the Summary of the Argument

Staying enforcement of an arbitral award pending a decision by a court in the place of arbitration is unusual; staying enforcement of an arbitral award for more than six years is almost unheard-of.⁶ The continued stay of proceedings in this case ignores the fact that arbitral awards are presumptively enforceable; non-enforcement is the exception rather than the rule.

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⁶ See Gold Reserve Inc. v. Bolivarian Republic of Venez., 146 F. Supp. 3d 112, 135 (D.D.C. 2015).

Comments

The amici curiae are prominent professors of international arbitration and international law. Their primary interest is in the accurate interpretation of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention” or “Convention”), the mainstay of commercial and investment arbitration in the United States and around the world.

This brief has been prepared by individuals affiliated with McGill University Faculty of Law, Notre Dame Law School, and New York University School of Law, but does not purport to present the schools' institutional views, if any

Recommended Citation

Brief for Amici Curiae Andrea K. Bjorklund, Diane Desierto, and Franco Ferrari in Support of Petitioners-Appellants and Reversal, Hulley Ent. Ltd. v. Russian Fed'n, (No. 20-7113) (D.C. Cir. June 1, 2021) 2021 WL 2223764.