Press Release: Moore Law PLLC Helps Secure Victory for Republic of Moldova

Moore Law PLLC and Steptoe & Johnson LLP have secured a crucial win in the Second Circuit Court of Appeals for client the Republic of Moldova.

The case stems from a default judgment entered in the U.S. District Court for the Southern District of New York against the Republic of Moldova and a Moldovan corporation AO Moldovagaz in favor of Lloyd’s Underwriters back in 2000 confirming a Russian arbitration award granted to Lloyd’s. The Republic of Moldova was not a party to the underlying arbitration. In 2016, Gater Assets Limited, the assignee of Lloyd’s, brought a renewal action in the same district court, seeking renewal of the default judgment. The district court entered renewal judgment in favor of Gater Assets in opinions filed on September 30, 2018 and September 27, 2019.

On appeal, the Second Circuit vacated the District Court’s ruling. Writing for the unanimous three-judge panel, Circuit Judge Steven Menashi held that Gater Assets’ claim does not fit within any of the recognized exceptions to sovereign immunity under the Foreign Sovereign Immunities Act. The Republic of Moldova was not a party to the underlying arbitration agreement, and the theory relied upon by the district court was inapplicable to the case at hand. The Second Circuit remanded the action back to the District Court with instructions to dismiss the action in its entirety for lack of jurisdiction.

The Republic of Moldova was represented by Teddy Baldwin of Steptoe & Johnson LLP and Derrick F. Moore of Moore Law PLLC.

Additional Content:

Second Circuit June 22, 2021 Decision

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