D.C. Circuit Holds that District Court Must Decide Jurisdictional Facts under FSIA for Itself
In a recent decision, Hulley Enterprises Ltd. v. Russian Federation, the D.C. Circuit held that a district court must decide for itself any “jurisdictional facts” necessary to establish subject matter jurisdiction in suits against foreign states under the Foreign Sovereign Immunities Act (FSIA). The plaintiffs sought to enforce an arbitral award against Russia. The FSIA’s…
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