June 5, 2017

Case Watch: Venezuela v. Helmerich & Payne

On May 1, 2017, the U.S. Supreme Court issued its decision in Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., 581 U.S. ___ (2017). In an opinion authored by Justice Breyer, the Supreme Court determined that a […]

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 […]

February 29, 2016

Case Watch: Africard v. Niger

On February 4, 2016, Africard Co., Ltd. filed a petition to confirm an arbitration award against the Republic of Niger in the U.S. District Court for the District of Columbia. See Case No. 1:16-cv-196, Dkt. 1. Africard alleges that, in […]

February 15, 2016

Case Watch: Box v. Dallas Mexican Consulate General

On August 19, 2015, in Box v. Dallas Mexican Consulate General, Case No. 14-10744, the U.S. Court of Appeals for the Fifth Circuit vacated the district court’s order granting the Consulate’s Rule 59(e) motion to reconsider a default judgment and […]

January 22, 2016

Case Watch: Gold Reserve v. Venezuela

In November 2015, I wrote about the case of Gold Reserve, Inc. v. Venezuela, Case No. 1:14-cv-02014. The case is now pending before the appellate court, and Gold Reserve has begun attachment-of-asset proceedings. Here are the details: In 2014, Petitioner […]

December 7, 2015

Case Watch: OBB Personenverkehr AG v. Sachs

On December 1, 2015, the Supreme Court issued its opinion in OBB Personenverkehr AG v. Sachs, 577 U.S. ___ (2015). Chief Justice Roberts delivered the opinion for the Court, which held that Ms. Sachs’ personal injury case was barred by […]

November 23, 2015

Gold Reserve v. Venezuela

In Gold Reserve, Inc. v. Venezuela, Case No. 1:14-cv-02014, petitioner Gold Reserve, a Canadian mining company, sought to confirm its $700 million arbitral award against Venezuela in U.S. court. On November 20, 2015, the district court granted Gold Reserve’s request […]

October 14, 2015

Case Watch: OBB Personenverkehr AG v. Sachs

On October 5, 2015, the Supreme Court heard oral argument in OBB Personenverkehr AG v. Sachs, Case No. 13-1067. The parties had briefed two questions: (1) how does a court determine whether an entity constitutes an “agent” of a foreign […]

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 […]

September 14, 2015

Case Watch: 1964 Realty v. Consulate of Qatar

Earlier this year, I wrote about the case of 1964 Realty LLC v. Consulate of Qatar, Case No. 1:14cv6429 (SDNY), involving an alleged breach of contract to purchase property for use as Qatar’s Consulate General in New York. Qatar had […]

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