Happy New Year!
TLB will be on winter break until January 9, 2024. We wish you all the best in the new year!
Continue ReadingTop 10 Posts of 2023
Many of our most popular pages in 2023 were our topic pages and primers, as we highlighted yesterday. We are grateful that our library of resources is proving useful to you, our readers. Beyond that evergreen content, here is a count-down of our 10 most-read posts of 2023: 10. Second Circuit Rejects Consent-Based Jurisdiction over…
Continue ReadingTLB in 2023
We at TLB are grateful for both the breadth and the depth of engagement by you, our readers. Here is our year at TLB by the numbers:
Continue ReadingU.S. Brief in Halkbank Abandons Customary International Law in Immunity Cases
In Turkiye Halk Bankasi A.S. v. United States (Halkbank), the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings. The Court remanded Halkbank’s separate claim of common law immunity to the Second Circuit for reconsideration. On November 20, 2023, after two extensions, the United States filed its brief on remand. The U.S….
Continue ReadingNew Article on Cross-Border Discovery
In the most recent issue of Judicature, Judge Michael Baylson and Professor Steven Gensler have a new article related to cross-border discovery—that is, discovery abroad in support of adjudication in U.S. courts. The whole article is worth readers’ time, though I will only briefly summarize it here. As TLB readers know well, cross-border discovery is…
Continue ReadingIncorporation by Reference and Choice of Law
The choice-of-law clause written into the contract of carriage for Delta Air Lines, Inc. (Delta) states that the agreement “shall be governed by and enforced in accordance with the laws of the United States of America and, to the extent not preempted by Federal law, the laws of the State of Georgia.” In a recent…
Continue ReadingChina’s New Foreign State Immunity Law: Some Foreign Relations Aspects
On September 1, 2023, the Standing Committee of China’s National People’s Congress (NPC Standing Committee) passed the Law of the People’s Republic of China on Foreign State Immunity (FSIL) (English translation here). The FSIL will enter into force on January 1, 2024. This law heralds a fundamental shift of China’s attitude towards foreign state immunity,…
Continue ReadingDomestic Litigation and Compensation to Ukrainian Victims of Russian Aggression
Many proposals to compensate Ukrainian victims of Russian aggression do not directly involve domestic courts, in part because foreign sovereign immunity poses significant obstacles to such litigation. There are, however, important cases against Russia currently pending in Ukrainian courts. These cases were the subject of a recent session held in Lviv, Ukraine, as part of…
Continue ReadingCert Sought to Resolve Circuit Split on Anti-Suit Injunction Standard
The Supreme Court will consider a petition for cert to resolve a circuit split over when to issue antisuit injunctions.
Continue ReadingExecution of Judgments Against the Assets of Foreign Sovereigns Located Abroad
The Foreign Sovereign Immunities Act (FSIA) provides immunity from execution for the “property in the United States of a foreign state.” It does not confer immunity on a foreign state’s property located abroad. The limitation makes sense: to the extent that a foreign sovereign’s property located outside the United States is not subject to the…
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