Case Watch: NML Capital Ltd. v. Argentina

On April 21, 2014, the Supreme Court heard oral argument in NML Capital Ltd. v. Argentina, Case No. 12-842. The question pending before the Court was the scope of post-judgment asset discovery permitted against a foreign state. In the first half of the argument, some of the Justices, particularly Scalia […]

Article: Can A U.S. Court Sanction a Foreign State?

In January 2013, in Agudas Chasidei Chabad of United States v. Russian Federation, Case No. 1:05-cv-1548 (D.D.C.), a federal court entered civil contempt sanctions against Russia and certain Russian instrumentalities of $50,000 per day for failing to comply with a court order. Recently, the plaintiffs filed a motion seeking to […]

Case Watch: BG Group PLC v. Argentina

Last year, I wrote a Case Watch on BG Group PLC v. Republic of Argentina, Case No. 12-138 (Sup. Ct.), an arbitration case then pending before the U.S. Supreme Court. I noted that the case was important to foreign states because, under the Foreign Sovereign Immunities Act, 28 U.S.C. §1605(a)(6), […]

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