Bayar Purevdorj (JSD (Cornell Law School)) has posted Foreign Judicial Overreach and the Limits of Enforcement: The Enforceability of Kaliningrad’s Court Decision Targeting to Seize 66% of Oyu Tolgoi on SSRN. Here is the abstract:
On December 11, 2025, the Arbitration (Commercial) Court of the Kaliningrad Region of the Russian Federation issued a decision ordering the Rio Tinto Group to pay approximately USD 1.32 billion to United Company Rusal PLC and, in an unprecedented move, to secure that obligation through Rio Tinto’s 66 percent shareholding in Oyu Tolgoi LLC, a Mongolian-incorporated company controlling one of the world’s largest coppergold deposits. This article examines whether such a judgment-rendered by a domestic Russian court-can be recognized or enforced in Mongolia. It argues that enforcement would be barred by fundamental principles of international law, including territorial sovereignty, jurisdictional limits, due process, and ordre public. The article further demonstrates that, even if nominally enforced, the ruling would confer no meaningful economic or legal control over Oyu Tolgoi due to Mongolia’s constitutional framework, investment laws, and non-assignable investment agreements. The Kaliningrad decision thus illustrates the inherent limits of domestic court judgments in cross-border investment disputes involving strategic natural resources.