Page:Yegiazaryan v. Smagin.pdf/21

Rh additional courts of appeals on this question.” Czyzewski, 580 U. S., at 472 (, dissenting).

Bringing clarity to this area of the law is not an easy task, and I must conclude that the Court falls short. It cites petitioners’ domestic racketeering conduct and the California rights conferred by the California judgment Smagin has obtained to enforce his London arbitral award, but it gives no indication of the relative import of each of these factors. And while the Court appears to envision a long list of factors that might be relevant to this inquiry, see, it mentions none other than these two. Nor does it say anything about the circumstances that would call for consideration of additional factors, when such factors might outweigh one or both of the ones it mentions, or what these other factors might be.

Of course, under the majority’s all-factors-considered approach, many other features of this very suit could be relevant, such as the history and location of the underlying dispute, where any relevant business relationships were formed, Smagin’s residence, and the existence of the London arbitral award. Are future courts to infer that these matters have no import? It is difficult to come to any other conclusion given that the Court pays them no heed in undertaking what is ostensibly an examination of all relevant “contex[t].” But it is equally difficult to see why they are irrelevant (especially in light of the Court’s unexplored acknowledgment that “in some sense, … Smagin has felt his economic injury in Russia,” ante, at 10), or what room the Court is leaving for additional factors to be identified if none of these counts. And because the Court sets aside the factors that would favor petitioners, it also provides no guidance on how to weigh competing considerations that do not all point toward the same result.

One might additionally think that the nature of the intangible property itself could be relevant under the majority’s approach, such as whether the property is a debt, a