Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People's Democratic Republic

SUSAN L. CARNEY, Circuit Judge:

This case requires us to address how a district court should adjudicate a motion to vacate a judgment that it has entered enforcing a foreign arbitral award, when that award has later been set aside by courts in *175the arbitral seat. In particular, we consider the interplay between Federal Rule of Civil Procedure 60(b)(5), which permits district courts to “relieve a party ... from a final judgment” when the judgment “is based on an earlier judgment that has been reversed or vacated,” on the one hand, and the standards for declining to enforce an arbitral award…