COMPAGNIE NOGA D'IMPORTATION v. RUSSIAN FEDERATION

Docket Nos. 02-9237(L), 02-9272(CON).

361 F.3d 676 (2004)

COMPAGNIE NOGA D'IMPORTATION ET D'EXPORTATION S.A., Plaintiff-Appellant, v. THE RUSSIAN FEDERATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 16, 2004.


Attorney(s) appearing for the Case

Herbert C. Ross, Jr., Olshan Grundman Frome Rosenzweig & Wolosky LLP, New York, NY, for Plaintiff-Appellant.

Howard S. Zelbo, Cleary, Gottlieb, Steen & Hamilton, New York, N.Y. (Boaz S. Morag and Inna Reznik, Cleary, Gottlieb, Steen & Hamilton, New York, NY, on the brief), for Defendant-Appellee.

Before: MINER, JACOBS and CABRANES, Circuit Judges.


Judge JACOBS concurs in a separate opinion.

MINER, Circuit Judge.

In these consolidated appeals, we are confronted with the issue of whether a foreign arbitration award can be confirmed and enforced against a sovereign nation where the arbitration agreement was signed by an organ of that nation's central government and where that organ — and not the nation itself — participated in the underlying arbitration proceedings. Specifically, plaintiff...

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