discovery

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. […]

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 […]

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 […]

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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