Articles

October 2, 2017

Article: Foreign Nations Have to Post Bond, Too

U.S. courts must treat foreign nations differently than other litigants in several circumstances, as set forth in the Foreign Sovereign Immunities Act. But foreign states should not count on being treated specially in all circumstances just because they are nation […]

August 10, 2017

Article: US Courts Generally Refuse to Second-Guess Foreign Arbitral Decisions

U.S. courts generally will not second-guess decisions issued by foreign arbitral tribunals. The ruling issued on July 7, 2017 by the U.S. Court of Appeals for the D.C. Circuit in Getma International v. Republic of Guinea, Case No. 16-7087, is […]

December 8, 2016

Article: Venezuela v. Helmerich & Payne International Drilling Co.

Some have questioned why lawsuits against foreign states involving property rights may proceed in U.S. court when the plaintiffs assert only that they may have property that may have been taken in violation of international law. Given foreign sovereign immunity, […]

March 23, 2016

Article: Lawsuits involving foreign state military

There have been several cases in U.S. courts involving foreign states’ militaries. I highlight several of these cases below to show how even a quintessential foreign sovereign activity – a country’s military conduct – can become involved in U.S. litigation […]

September 28, 2015

Article: Procedure for enforcing an ICSID award against a foreign state in US court

There is a split amongst the district courts as to how to handle the procedure of converting an ICSID award into a U.S. judgment where the ICSID award is against a foreign state. Certain courts have held that an ICSID […]

June 15, 2015

Article: Immediate interlocutory appeal by a foreign state

Usually, in a case involving two private parties, a party may not appeal interlocutory rulings issued against it until final judgment. By contrast, foreign states sued in U.S. courts under the Foreign Sovereign Immunities Act (“FSIA”) may immediately appeal interlocutory […]

March 18, 2015

Article: Argentina v. NML Capital and Its Implications

A decision issued last year by the Supreme Court, Argentina v. NML Capital Ltd., 134 S. Ct. 2250 (2014), has major implications for foreign nations. Simplifying, the Supreme Court held that foreign state assets are not immune from post-judgment discovery. […]

December 2, 2014

Article: Default Judgment Against A Foreign State

A default judgment is a judgment issued by a court when a defendant fails to appear or otherwise defend itself in a lawsuit. In default cases where the plaintiff has asked to be awarded a particular sum of money, the […]

July 22, 2014

Article: Inviolability of Diplomatic and Consular Archives

Congress enacted the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §1602 et seq., “[s]ubject to existing international agreements to which the United States is a party,” §§1604 and 1609. Two such international agreements to which the FSIA is “subject” are […]

April 23, 2014

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 […]

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