Hulley Enterprises Ltd et al - v - The Russian Federation - United States District Court for the District of Columbia Case 1-14-cv-01996-ABJ - Response to non-motion Document - 25 March 2022
Country
Year
2022
Summary
Petitioners seek to rebut an argument that Respondent has never made. Specifically, Petitioners suggest that one of Respondent's "principal arguments" was rejected by the D.C. Circuit in Process & Indus. Dev. Ltd. v. Federal Republic of Nigeria, No. 21-7003, 2022 U.S. App. LEXIS 6300 (D.C. Cir. Mar. 11, 2022) ("P&ID"). According to Petitioners, Respondent has supposedly argued-as Nigeria did in P&ID-that the arbitration exception under the Foreign Sovereign Immunities Act ("FSIA") at 28 U.S.C. § 1605(a)(6) "does not apply because [Petitioners] lack[] a valid and enforceable award."
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Accordingly, because nothing in P&ID alters this Court's previous analysis, the Motion to Extend the Stay should be granted, as explained in Respondent's Motion, Reply, and Sur-Surreply (ECF Nos. 201, 208, 222).