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 […]

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 […]

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 […]

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 […]

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 […]

March 31, 2015

Case Watch: Tidewater v. Venezuela

On March 23, 2015, the Bolivarian Republic of Venezuela moved to vacate a judgment entered against it in Tidewater Investment SRL v. Bolivarian Republic of Venezuela, Case No. 1:15-cv-1960 (S.D.N.Y.). The case arises out of an ICSID arbitration in which […]

September 30, 2014

Case Watch: Fraser v. Consulate of the Bolivarian Republic of Venezuela

On September 24, 2014, the Northern District of Illinois found the Consulate of the Bolivarian Republic of Venezuela in Chicago immune from a lawsuit regarding a car-bike accident. (Dkt. 50, Case No. 1:14cv1046 (N.D. Ill.)). Heather Fraser alleged that she […]

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