In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
as an entity wholly owned by the Soviet Union’s Ministry of Medium Machine Building. Raccoon relies on that portion of § 1603(b) which states that “agency or instrumentality of a foreign state” does not include an entity created under the laws of a third country. Raccoon’s argument is without merit. Navoi has presented credible evidence showing that in 1992, following the collapse of the Soviet Union and Republic of Uzbekistan’s declaration of independence, ownership and control of Navoi passed to the Uzbek Government by decree of the Cabinet of Ministers. At all times relevant to the instant litigation, Navoi was an Uzbek entity created by the Uzbek Cabinet of Ministers under the laws of the Republic of Uzbekistan. See Gould v. Pechiney Ugine Kuhlmann, 853 F.2d 445, 450 (6th Cir.1988) (<HOLDING>). Finally, Raccoon challenges Navoi’s prima 
 Holding statements: (A) holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined (B) holding that for purpose of the fsia a foreign entitys status is determined based upon the jurisdictional facts existing at the time the act complained of occurred (C) holding state of the law must be determined at time of challenged action (D) holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum (E) holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final

Ex Output:
(B)


Ex Input:
customs and practices of the trade could conclude that WQIS’s liability under Coverage C ceased once the Coverage A limit was reached. See Morgan Stanley, 225 F.3d at 275 (describing when a contract provision is ambiguous). First, the phrase “liabilities covered” in the Coverage C insuring provision could reasonably be read to refer only to liabilities that WQIS was required to cover under Coverage A, that is, up to $5 million per vessel. Under this interpretation, any liability above $5 million was not “covered,” and - therefore defense costs incurred with respect to liabilities above $5 million did not arise from “liabilities covered.” See Stonewall Ins. Co. v. Asbestos Claims Mgmt. Corp., 73 F.3d 1178, 1219 (2d Cir. 1995), modified on other grounds by 85 F.3d 49, 51 (2d Cir. 1996) (<HOLDING>). A reasonable person could conclude that once 
 Holding statements: (A) holding that costs are not fixed until judgment is entered and interest can only run on costs when due (B) holding that allied may not be held liable for portion of attorneys fees paid pretender of defense due to policy provision precluding reimbursement for defense costs voluntarily incurred (C) holding that trustee and personnel liability policy only covered the trustees and not the school itself (D) holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the  insurance policy (E) holding where an insurance policy indemnifies defense costs paid as a result of occurrences covered that the insurer need only reimburse defense costs for claims that are established to be covered through judgment and settlement and not for claims only potentially falling within the policys coverage

Ex Output:
(E)


Ex Input:
arbitration before AAA was barred because the plaintiffs had executed an arbitration agreement stating that all controversies would be determined by arbitration before the NASD, the NYSE, the AMEX, or any recognized arbitration facility provided by any exchange. Id. at 1119. Thus, the defendants argued that AAA was not a proper forum since AAA was not named as a forum in the arbitration agreement. Id. This Court held that the AMEX Window operates as a default provision in the absence of a specific agreement between the parties. Id. at 1120. Thus, this Court concluded that the AMEX Window was superseded by the arbitration agreement and that under the arbitration agreement, AAA was not an available arbitration forum. Id. See also Merrill Lynch v. Georgiadis, 903 F.2d 109 (2nd Cir.1990) (<HOLDING>); PaineWebber, Inc. v. Rutherford, 903 F.2d 106 
 Holding statements: (A) holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action (B) holding that a specific customer agreement can supersede the amex constitution and requiring arbitration before one of the fora named in the agreement (C) holding that an arbitration in accordance with aaa rules is a binding arbitration (D) holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision (E) holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision

Ex Output:

(D)