1. Whether a foreign sovereign or instrumentality of a state that is a signatory member of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention Treaty") may assert the Foreign Sovereign Immunity Act ("FSIA") as a defense to enforcement of a foreign arbitral award?
2. Whether a foreign sovereign or instrumentality of a state that accepts and accedes the United Nations Conventions on Jurisdictional Immunities amounts to an express waiver of sovereign immunity under the New York Convention Treaty?
3. Whether a foreign sovereign or its instrumentality of a state that fails to timely file a Fed. R. App. P. 4(a)(3) cross appeal from a U.S. district court order that denied said sovereign's assertion of FSIA as a defense, amounts to waiver and bars a subsequent request for a jurisdictional dismissal on appeal that is based on the merits?