Document Type

Brief

Case Name

Hulley Enterprises Ltd. v. Russian Federation

Publication Date

5-23-2024

Abstract

No. 23-7174
Hulley Enterprises Ltd. v. Russian Federation

On Appeal from the U.S. District Court for the District of Columbia No. 1:14-cv-01996-BAH, Hon. Beryl A. Howell

From the Introduction and Summary of Argument

This appeal seeks to re-litigate a question that the Russian Federation had already lost with finality in the courts of the seat of arbitration (the Netherlands): namely, whether the Russian Federation ever agreed to arbitrate in the first place. Those arguments are identical to arguments the Russian Federation presented to Dutch courts more than six years ago in a failed effort to set aside the awards. Because the Dutch courts decisively rejected those arguments, the Russian Federation should have been precluded from re-litigating these issues in U.S. courts.

Comments

Amici are experienced arbitrators, scholars, and counsel who work in the fields of international law, international dispute settlement, and international arbitration. They have no stake in the outcome of this litigation and state no position on any issue but the applicability of the principle of issue preclusion.

See the profiles of amici on pages 3-5, including Notre Dame Law School's Diane A. Desierto.

Download

Share

COinS