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ARTICLE · 24 MAY 2023

Enforcing A Foreign Arbitration Award Against A Foreign Party Under RICO

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The two consolidated cases are Yegiazaryan v. Smagin, No. 22-381, and CMB Monaco v. Smagin, No. 22-383.

United StatesLitigation, Mediation & Arbitration

On April 25, 2023, the U.S. Supreme Court heard argument on whether a foreign plaintiff can state a civil claim under the Racketeer Influenced and Corrupt Organizations Act ("RICO") against a foreign defendant based on actions related to the enforcement of a foreign arbitration award.  The two consolidated cases are Yegiazaryan v. Smagin, No. 22-381, and CMB Monaco v. Smagin, No. 22-383.

The case stems from interesting facts.  Vitaly Smagin, a Russian citizen, filed suit against Ashot Yegiazaryan, another Russian who fled to California more than a decade ago, among other defendants.  The lawsuit alleged that Ashot and others defrauded Smagin in Russia.  In 2010, Russian authorities criminally indicted Ashot and his brother Artem Yegiazaryan for the alleged fraud.  Smagin also commenced a civil arbitration proceeding against Ashot in London, eventually securing a US $84 million arbitration award against Ashot.

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