Gretton Limited v Republic of Uzbekistan - United States District Court for the District of Columbia - Civil Action No 18-1755 (JEB) - Memorandum Opinion - 30 July 2019
Petitioner Gretton Ltd. seeks to enforce a foreign arbitral award issued in Paris under 9 U.S.C. § 207 and the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, better known as the New York Convention. Before addressing what it perceives as the infirmities of such award, Respondent Republic of Uzbekistan offers multiple challenges to the jurisdiction of this Court to even hear the matter. First, Uzbekistan argues that this Court lacks personal jurisdiction over it because it was never served in strict compliance with 28 U.S.C. § 1608. Second, it contends that subject-matter jurisdiction does not exist because Gretton's claim does not meet the requirements of the arbitration exception to the Foreign Sovereign Immunities Act. Finally, it maintains that, even if this Court finds it has jurisdiction, it should dismiss the case under the doctrine of forum non conveniens. Although it finds the last two arguments wanting, the Court will require a hearing on the first. It will, accordingly, deny in part Uzbekistan's Motion.