A Primer on Service of Process
Serving process on a defendant does two things: (1) it asserts the court’s authority over the defendant; and (2) it provides the defendant with notice of the lawsuit. In the United States, process can be served by private parties. But many foreign states regard service as a public act that can be done only by…
Continue ReadingThe Media Coverage of Turkiye Halk Bankasi, in Review
Last week, the Supreme Court heard oral arguments in Turkiye Halk Bankasi A.S. v. United States, a criminal case originating in the Second Circuit. The defendant, Turkiye Halk Bankasi A.S. (“Halkbank”), is a foreign state-owned commercial bank, headquartered in Istanbul, and a subsidiary of the Turkish government’s sovereign wealth fund. Charged with laundering over $1…
Continue ReadingNew Scholarship on Anti-Suit Injunctions
Raghavendra R. Murthy, outgoing Editor-in-Chief of the Vanderbilt Law Review, has published a note on antisuit injunctions and patent litigation: Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation. The note explores the rise of anti-suit injunctions related to the licensing of “standard-essential patents.” Owners of such…
Continue ReadingIs Buying Fighter Jets a Commercial Activity?
The Foreign Sovereign Immunities Act (FSIA) allows actions against foreign states to be brought in U.S. courts based on their commercial activities. In Republic of Argentina v. Weltover (1992), the Supreme Court held “that when a foreign government acts, not as regulator of a market, but in the manner of a private player within it,…
Continue ReadingA New Frontier for Extraterritorial Disclosure Orders in England & Wales
In October 2022, an amendment to the Civil Procedure Rules in England established a new jurisdiction for limited extraterritorial disclosure orders (“information orders”). While the High Court of Justice (the “High Court”) had made steps (in ex parte applications) towards the granting of such orders in the last few years, the new rules and a…
Continue ReadingAmerican Law Institute Launches Second Phase of Restatement (Fourth) of Foreign Relations Law
Yesterday, the Council of the American Law Institute (ALI) approved a project to complete the Restatement (Fourth) of the Foreign Relations Law of the United States. The project will be chaired by John Bellinger and Harold Koh. Curt Bradley, Bill Dodge, and Oona Hathaway will serve as reporters. The first phase of the Restatement (Fourth)…
Continue ReadingExpert Recap and Analysis of Halkbank Oral Argument at the Supreme Court
Editor’s Note: This article also appears in Just Security. On January 17, the Supreme Court heard oral argument in Türkiye Halk Bankasi A.S. (Halkbank) v. United States. The case asks whether Halkbank, which is majority-owned by the Turkish Wealth Fund (TWF), enjoys immunity from criminal prosecution in U.S. courts. Last spring, I previewed the unresolved…
Continue ReadingExecutive Control Versus “Deference” in Halkbank
On January 17, the Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States(Halkbank) on whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal prosecutions. One argument advanced by the government in Halkbank (and other immunity cases) is that the executive branch has absolute control over immunity determinations not governed by…
Continue ReadingZachary Clopton Joins TLB as Editor
Starting today, I will be joining TLB as an editor. I am excited to take on this new role as I am an avid consumer of the blog, as well as an occasional contributor.
Continue ReadingA Primer on Judicial Assistance Treaties
[This post is one in a series of primers on various topics in transnational litigation. More primers can be found on our topic pages, accessible by clicking Topics at the top of the page.] In transnational litigation it will often be necessary to do something within the territory of another state, such as serve process,…
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