Supreme Court of the United States · Official docket →
Waleed Khalid Abu Al-Waleed Al Hood Al-Qarqani, et al. v. Saudi Arabian Oil Company
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20034 · judgment December 2, 2021
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent.
Questions presented
-
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?
-
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?
-
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?
Counsel of record
For petitioner
Edward Charles Chung
Chung, Malhas and Mantel, PLLC
For respondent
Carolyn Beth Lamm
White & Case LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 01 2022Rehearing DENIED.
- Jul 07 2022DISTRIBUTED.
- Jun 27 2022Petition for Rehearing filed.
- May 31 2022Petition DENIED.
- May 10 2022DISTRIBUTED for Conference of 5/26/2022.
- May 02 2022Waiver of right of respondent Saudi Arabian Oil Company to respond filed.
- Apr 04 2022Petition for a writ of certiorari filed. (Response due May 9, 2022)