Second Circuit Holds that Forum Non Conveniens Applies Under the FSIA
In Aenergy, S.A. v. Republic of Angola, the Second Circuit held that the standard doctrine of forum non conveniens applies to suits against foreign states under the Foreign Sovereign Immunities Act (FSIA). This holding is consistent with what the D.C. Circuit has said about forum non conveniens in FSIA cases. The Second Circuit’s decision would likely…
Continue ReadingCriminal Proceedings and the Foreign Sovereign Immunities Act
Congress enacted the Foreign Sovereign Immunities Act of 1976 (FSIA) to address the inconsistent application of doctrines of state immunity to civil suits against foreign states and state-owned enterprises. The statute confers jurisdictional immunity on these entities, subject to enumerated exceptions. Most litigation under the FSIA involves whether a particular defendant qualifies as a foreign…
Continue ReadingD.C. Circuit Addresses FSIA in Hungarian Art Case
Last month, the D.C. Circuit addressed several important questions under the Foreign Sovereign Immunities Act (FSIA) in its latest decision in De Csepel v. Republic of Hungary, a long-running suit to recover art expropriated during the Second World War. The court held that the defendant Hungarian National Asset Management Inc. (MNV) was subject to jurisdiction…
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