Arbitration Enforcement and Consent
This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the…
Continue ReadingSupreme Court Grants Cert in Fuld v. PLO
Today, the U.S. Supreme Court granted certiorari in Fuld v. Palestinian Liberation Organization to decide whether the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the due process clause of the Fifth Amendment. For prior TLB coverage of Fuld, see here, here, here, here, and here. The PSJVTA purports to establish personal…
Continue ReadingFuld and Waldman Plaintiffs Seek Supreme Court Review
TLB has followed the Second Circuit’s decisions holding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) and denying an en banc rehearing in Fuld v. Palestine Liberation Organization and Waldman v. Palestine Liberation Organization over a strong dissent by Judge Steven Menashi. As predicted, the plaintiffs recently filed a…
Continue ReadingSecond Circuit Denies Rehearing En Banc in Fuld v. PLO
Last week, the Second Circuit denied rehearing en banc in Fuld v. Palestinian Liberation Organization, an important personal jurisdiction decision that TLB has previously covered here, here, and here. The denial prompted a dissent by Judge Steven Menashi, joined in whole or in part by three other judges, which in turn prompted a concurrence by…
Continue ReadingNinth Circuit Gets Tangled Up in Minimum Contacts and Due Process
Do the Fifth Amendment’s due process protections require minimum contacts? And do those protections apply to foreign states sued under the Foreign Sovereign Immunities Act (FSIA)? Those are the fundamental questions on which Ninth Circuit judges offered differing approaches as they resolved a recent petition for rehearing en banc. Regular TLB readers may recall that…
Continue ReadingPersonal Jurisdiction and Extraterritoriality
The U.S. Supreme Court has repeatedly said that Congress has constitutional authority to regulate extraterritorially. “Both parties concede, as they must,” Chief Justice Rehnquist wrote in EEOC v. Arabian American Oil Co. (1991), “that Congress has the authority to enforce its laws beyond the territorial boundaries of the United States.” The presumption against extraterritoriality, which…
Continue ReadingConstitutional Issues in the Sudan Claims Resolution Act
District courts and the Court of Appeals for the District of Columbia have recently issued opinions addressing constitutional issues in litigation against Sudan. The United States and the Republic of Sudan signed an agreement (the Claims and Dispute Resolution Agreement) designed to improve diplomatic relations between the two countries, to promote democracy in Sudan, and…
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