Al-Bahloul v. The Republic of Tajikistan

Background

Mohammad Ammar Al-Bahloul brought the action to confirm arbitration awards under the Federal Arbitration Act and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The arbitration took place before a panel of the Arbitration Institute of the Stockholm Chamber of Commerce. The court entered a default judgment on April 19, 2011, confirming the arbitration panel’s partial award on jurisdiction and liability and its final award.

On October 8, 2020, the court granted Al-Bahloul’s motion to convert the default judgment into U.S. currency and entered an amended default judgment. The Clerk then notified Al-Bahloul that an abstract of judgment could not be issued until 30 days after entry of the amended judgment because Federal Rule of Civil Procedure 62(a) generally stays execution on a judgment and proceedings to enforce it for 30 days.

Request

Al-Bahloul moved under Rule 62 for an order lifting the automatic stay immediately. He argued that the original judgment had been entered in 2011, so the purpose of the automatic stay had already been served; that the judgment confirmed an arbitration award; and that Tajikistan had received notice of the claims but had not appeared or defended. Al-Bahloul alternatively requested that the stay be shortened to 15 days.

Ruling

Judge Andrew L. Carter Jr. granted Al-Bahloul’s request to lift the Rule 62(a) automatic stay applying to the amended default judgment. The order therefore allowed Al-Bahloul to proceed with execution on and other enforcement of that judgment. The order did not state that the alternative request to shorten the stay was granted.