Foreign Sovereign Immunity
Customary international law provides immunity to states from the jurisdiction of foreign national courts. The immunity extends to state agencies and to state-owned property, protecting them from adjudicatory jurisdiction and from enforcement measures. Foreign sovereign immunity has important exceptions, including for waiver, for some conduct or property related to commercial activity, and for some torts committed on the territory of the forum state. In the United States, all aspects of foreign sovereign immunity for cases in state or federal court are governed by a federal statute, the Foreign Sovereign Immunities Act.
Cert Petition Highlights Circuit Split on Sovereign Immunity for Military Purchases
The Foreign Sovereign Immunities Act (FSIA) immunizes foreign states from suit in federal and state court. But it makes an exception for actions based on a foreign state’s commercial activities. The Supreme Court’s leading decision interpreting this exception is Republic of Argentina v. Weltover (1992), where the Court unanimously held “that when a foreign government…Continue Reading
District Court Refuses to Let 9/11 Plaintiffs Have Afghan Central Bank Assets
The District Court for the Southern District of New York (Judge George Daniels) has denied the turnover motions filed by judgment creditors against assets of Da Afghanistan Bank (“DAB”) that are held at the Federal Reserve Bank of New York (“FRBNY”). Judge Daniels’ order and decision, issued on February 21, 2023, adopted the report and…Continue Reading
PGA v. LIV: Golf, Discovery, Immunity and PIF — The Saudi Arabian Sovereign Wealth Fund
Just as the competition between PGA Tour and LIV Golf has divided the golf world, so too may the immunity issues raised by the litigation divide legal experts. Sadly, this post is pretty weak in terms of golf puns – par for the course in legal writing about immunities – but it does address interesting…Continue Reading