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Republic of Kazakhstan v. Anatolie Stati, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-7047 · judgment April 19, 2019


Certiorari denied · October 15, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Exercising a right guaranteed to it by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Republic of Kazakhstan (“Kazakhstan”) sought to raise in the district court the defense that a $498 million foreign arbitral award against it was obtained by fraud and therefore its recognition and enforcement by the district court would violate United States public policy. Even though Kazakhstan, a foreign sovereign, raised that defense nearly two years before any ruling on the confirmation petition, the district court deemed it forfeited and refused to address it. The court of appeals, agreeing with the finding of forfeiture, affirmed. The effect of those decisions is to transform the award into a final judgment of the United States courts, and to make the courts of the United States an instrument of the fraud. The question presented is: Whether a district court may confirm a foreign arbitral award that violates the long-established public policy of the United States, merely because the district court concludes after the fact that a fraudbased public policy defense should have been raised earlier in the confirmation proceeding. (i)

Counsel of record

For petitioner
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

For respondent
James Evan Berger
DLA Piper LLP (US )

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2019
    Petition DENIED.
  2. Sep 25 2019
    DISTRIBUTED for Conference of 10/11/2019.
  3. Sep 11 2019
    Waiver of right of respondents Anatolie Stati, et al. to respond filed.
  4. Sep 03 2019
    Petition for a writ of certiorari filed. (Response due October 7, 2019)