Russian Federation v. Hulley Enterprises Ltd., et al.
AdministrativeLaw Arbitration Privacy JusticiabilityDoctri Jurisdiction
"A foreign state shall not be immune from the jurisdiction" of a United States court where "the action is brought ... to confirm an award made pursuant to ... an agreement to arbitrate," and such agreement was "made by the foreign state with or for the benefit of a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship." 28 U.S.C. §1605(a)(6).
The question presented is:
Whether §1605(a)(6) allows a United States court to exercise jurisdiction without first determining whether the foreign-state defendant agreed to arbitrate "differences ... between" itself and the plaintiff.
Whether 28 U.S.C. §1605(a)(6) allows a United States court to exercise jurisdiction without first determining whether the foreign-state defendant agreed to arbitrate differences between itself and the plaintiff