UAB Skyroad Leasing v OJSC Tajik Air and The Republic of Tajikistan - United States Court of Appeals, District of Columbia Circuit - No 21-7015 Judgment - 17 June 2022
UAB SKYROAD LEASING, Appellant, v. OJSC TAJIK AIR, THE REPUBLIC OF TAJIKISTAN, Appellee.
United States Court of Appeals, District of Columbia Circuit.
Filed: June 17, 2022.
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs and oral arguments of the parties. The court has afforded the issues full consideration and has determined that they do not warrant a published opinion. See D.C. Cir. R. 36(d). For the following reasons, it is
ORDERED AND ADJUDGED that the judgment of the district court be AFFIRMED.
UAB Skyroad Leasing ("Skyroad"), a Lithuanian company, seeks to enforce an arbitral award against OJSC Tajik Air ("Tajik Air"), an airline wholly owned by the Republic of Tajikistan. The Vilnius Court of Commercial Arbitration issued a final award in Skyroad's favor, which was affirmed by the Court of Appeal of Lithuania. Tajik Air has not yet paid the arbitral award, and Skyroad filed a petition to enforce the award in the district court pursuant to the Federal Arbitration Act, 9 U.S.C. § 207. Tajik Air moved to dismiss for improper service of process and lack of personal jurisdiction. The district court granted the motion, ruling that it lacked personal jurisdiction over Tajik Air under the Fifth Amendment's Due Process Clause. UAB Skyroad Leasing v. OJSC Tajik Air ("Skyroad"), No. 20-cv-763, 2021 WL 254106, at *1, *12 (D.D.C. Jan. 26, 2021). We affirm.