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. […]

June 26, 2014

Case Watch: Republic of Argentina v. NML Capital

On June 16, 2014, the Supreme Court issued its decision in Argentina v. NML Capital, Ltd., Case No. 12-842, with Justice Scalia writing for the Court. It held that nothing in the Foreign Sovereign Immunities Act (“FSIA”) specifies different discovery […]

April 28, 2014

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 […]

April 2, 2014

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 […]

January 20, 2014

Case Watch: NML Capital v. Argentina, Case No. 12-842

In NML Capital Ltd. v. Republic of Argentina, Case No. 12-842, Argentina petitioned the Supreme Court to decide the following question: Can post-judgment discovery in aid of enforcing a judgment against a foreign sovereign be ordered with respect to all […]

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