Archexpo

This case arises out of efforts to facilitate travel exchanges between the United States and republics of the former Soviet Union. International Ambassador Programs (“Ambassador”) appeals the district court’s ruling vacating a judgment in its favor. The court determined that Ambassador’s judgment arose out of the same cause of action as a subsequent judgment in favor of Archexpo Commerce and Industry Centre (“Archex-po”), and therefore was barred as a “prior inconsistent judgment” under the “last-in-time” rule. See Robi v. Five Platters, Inc., 838 F.2d 318, 322 (9th Cir.1988). We have jurisdiction under 28 U.S.C. § 1291 . Because we conclude that the Moscow arbitration and the Ambassador litigation are two distinct disputes arising under two separate agreements, one providing for arbitration and one not, we reverse.

I. Background

Ambassador is a Washington non-profit corporation that arranges tours and informational visits in foreign countries, including Russia. It organizes tours under two separate divisions: “Citizen Ambassador Program” (“CAP”), and “State Leadership Initiative” (“SLI”). Archexpo, once a Soviet state enterprise and now a Russian limited partnership,…