August 5, 2025 — The United States Court of Appeals for the District of Columbia Circuit ruled that the question whether an arbitration agreement exists is a jurisdictional fact under the FSIA that must be independently evaluated by the district court. On remand, the district court must independently consider whether the FSIA’s arbitration exception to sovereign immunity applies. The court  rejected many of the Russian Federation’s arguments regarding the interpretation of the Energy Charter Treaty, and also provided detailed guidance to the District Court with regards to the question of the preclusive effect of the Dutch Courts’ judgments.