The Russian Federation also points out another aspect of international comity militating in favor of a stay to allow the primary jurisdiction to reach a final judgment, namely, that the Dutch Supreme Court may resolve issues concerning the proper interpretation and application of the ECT, to which the United States is not a signatory but which is important to the law of the European Union. See
Resp't's Mem. at 18–19; see also
Meijer Decl. ¶¶ 25–29 (noting that appeal before Dutch Supreme Court involves numerous "legal questions of first impression, as to which the Dutch Supreme Court does not show any deference to the lower courts"). United States courts generally and appropriately defer to the foreign courts selected by the parties as the primary jurisdiction to determine relevant issues according to their own law. See Animal Sci. Prods., Inc. v. Hebei Welcome Pharm. Co. Ltd.
, 138 S. Ct. 1865, 1868 (2018) (emphasizing that, "in the spirit of 'international comity'... a federal court should carefully consider a foreign state's views about the meaning of its own laws" (quoting Société Nationale Industrielle Aerospatiale v. U.S. Dist. Court for S. Dist. of Iowa
, 482 U.S. 522, 543 & n.27 (1987)); Laker Airways Ltd.
, 731 F.2d at 937 ("[N]o nation can expect its laws to reach further than its jurisdiction... [thus] comity compels national courts to act at all times to increase the international legal ties that advance the rule of law within and among nations"); see also
Resp't's Mem. at 18–19 (citing CP Construction Pioneers Baugesellschaft Anstalt v. Gov't of Republic of Ghana
, 578 F. Supp. 2d 50, 54 (D.D.C. 2008), amending
578 F. Supp. 2d 48 (D.D.C. 2008); Consorcio Rive S.A. de C.V. v. Briggs of Cancun, Inc.
, Civ. A. No. 99-2204, 2000 U.S. Dist. LEXIS 899, at *10 (E.D. La. Jan. 25, 2000); Caribbean Trading & Fid. Corp. v. Nigerian Nat'l Petroleum Corp.
, No. 90 Civ. 4169 (JFK), 1990 U.S. Dist. LEXIS 17198, at *20–21 (S.D.N.Y. Dec. 18, 1990); Fertilizer Corp. of India v. IDI Mgmt., Inc.,
517 F. Supp. 948, 962 (S.D. Ohio 1981)). Thus, the interest of international comity and orderly litigation are best served by imposing a stay pending final judgment in the primary jurisdiction on a set aside proceeding, even if the current status of the Awards is that they have been reinstated. See Stati
, 199 F. Supp.
3d at 193 ("Given the fact that a decision by the Swedish court is expected in the coming months, and the possibility that the pending set-aside proceeding could have a dramatic impact on the petition to confirm the arbitration award, the Court will, in an exercise of its discretion, stay this confirmation proceeding"); Unión Fenosa Gas S.A. v. Arab Republic of Egypt, Civ. A. No. 18-2395 (JEB), 2020 U.S. Dist. LEXIS 98645, at *5–6, *15 (D.D.C. June 4, 2020) (granting stay where Egypt's "application to annul the award in the ICSID" was pending).