Oral Argument Recap: Suncor v. Boulder
On Monday, the Supreme Court opened its new Term with oral arguments in Suncor v. County Commissioners of Boulder County (for background on the case, check out our preview post). Justice Alito did not participate as he has recused himself. Here are some takeaways as we await the Court’s decision. No One Is Buying the…
Continue ReadingTalaq Divorce Cases in the United States
Over the past several months, three state appellate courts in the United States have examined whether a “talaq” divorce obtained in another country is entitled to recognition as a matter of comity. In this post, I first survey the rules relating to the recognition of foreign divorce judgments. I then explain the concept of a…
Continue ReadingSymposium on the FSIA at GW Law
This is just a reminder for those in the DC area that on Thursday and Friday the George Washington Law Review is hosting a symposium about the Foreign Sovereign Immunities Act, which turns 50 this month. The event is free. The full schedule and a link to register are available here.
Continue ReadingOT26 Opens with Climate Case
When the Supreme Court opens its new Term next Monday, it will hear oral arguments in Suncor Energy Inc. v. County Commissioners of Boulder County, a case in which the city and county of Boulder are attempting to hold oil and gas companies responsible under state tort law for local harms caused by climate change….
Continue ReadingTwo New Nazi Art Cases
Two new cases have been filed seeking the return of artwork that was taken from Jewish people during the Nazi era. Both cases were brought under a 2024 California law, Cal. Civ. Proc. Code § 338.2, which allows for the filing of claims to “recover personal property stolen due to political persecution” within “six years…
Continue ReadingSuing Cuban Instrumentalities Under the Helms-Burton Act
Under the Foreign Sovereign Immunities Act (FSIA), the agencies and instrumentalities of foreign states are generally immune from suit in U.S. courts unless one of the FSIA’s exceptions applies. But this past June, in Exxon Mobil Corp v. Corporación CIMEX, S.A. (Cuba), the Supreme Court held that the Helms-Burton Act abrogates the sovereign immunity of Cuban agencies and…
Continue ReadingNatural Resources, Public Policy, and the New York Convention
Georgia (the country) recently argued in Enka Renewables LLC v. Georgia against the enforcement of an arbitral award that would purportedly violate U.S. public policy. Georgia relied on the U.S. public policy in favor of allowing other countries to control the natural resources within their own sovereign territories. But does the United States have such…
Continue ReadingThe Proposed Hague Convention on Parallel Proceedings: A Role for Anti-Suit Injunctions?
Given the difficulties that parallel proceedings create in transnational litigation, there have been repeated attempts to design a multilateral framework to resolve them. A new effort at legal reform is currently underway at the Hague Conference on Private International Law, where a working group has published a draft text of a convention on parallel proceedings…
Continue Reading“Without Regard to Principles of Conflict of Laws”
The phrase “without regard to principles of conflict of laws” appears at the end of many choice-of-law clauses: This Agreement shall be governed by the laws of England without regard to its principles of conflict of law. This Agreement shall be construed in accordance with the laws of Ontario without regard to its conflict of…
Continue ReadingThe Foreign Sovereign Immunities Act at 50
The Foreign Sovereign Immunities Act (FSIA) turns 50 this year. To celebrate the anniversary, the George Washington Law Review is hosting a symposium about the FSIA on October 8-9. The event is free, and those interested in attending are encouraged to register here. The event kicks off at 4:00 on Thursday, October 8, with an…
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