Foreign States, Personal Jurisdiction, and the FSIA
A U.S. gas company has sued four Russian defendants in the Southern District of New York for seizing helium containers that the gas company had sent to Russia pursuant to a helium supply contract. One of the defendants, RusChemAlliance (RCA), moved to dismiss for lack of subject-matter jurisdiction. The case is unusual because the plaintiff…
Continue ReadingA Primer on Foreign Sovereign Immunity
The immunity of states from the jurisdiction of foreign domestic courts is a long-standing and mostly uncontroversial principle of customary international law. The International Court of Justice has described foreign sovereign immunity as a procedural doctrine of international law, one that “derives from the principle of sovereign equality of the States.” As a practical matter,…
Continue ReadingSymposium on the FSIA at GW Law
This is just a reminder for those in the DC area that on Thursday and Friday the George Washington Law Review is hosting a symposium about the Foreign Sovereign Immunities Act, which turns 50 this month. The event is free. The full schedule and a link to register are available here.
Continue ReadingTwo New Nazi Art Cases
Two new cases have been filed seeking the return of artwork that was taken from Jewish people during the Nazi era. Both cases were brought under a 2024 California law, Cal. Civ. Proc. Code § 338.2, which allows for the filing of claims to “recover personal property stolen due to political persecution” within “six years…
Continue ReadingNatural Resources, Public Policy, and the New York Convention
Georgia (the country) recently argued in Enka Renewables LLC v. Georgia against the enforcement of an arbitral award that would purportedly violate U.S. public policy. Georgia relied on the U.S. public policy in favor of allowing other countries to control the natural resources within their own sovereign territories. But does the United States have such…
Continue ReadingThe Foreign Sovereign Immunities Act at 50
The Foreign Sovereign Immunities Act (FSIA) turns 50 this year. To celebrate the anniversary, the George Washington Law Review is hosting a symposium about the FSIA on October 8-9. The event is free, and those interested in attending are encouraged to register here. The event kicks off at 4:00 on Thursday, October 8, with an…
Continue ReadingDoes the FSIA Permit Trials in Absentia?
During the course of a lengthy litigation, Venezuela stopped defending a lawsuit, due to a change in government. The court set pretrial deadlines, which Venezuela did not meet. The district court did not enter a default, however, because the plaintiff wanted instead to prove his case. The court accordingly held a bench trial (without Venezuela’s…
Continue ReadingThe New HEAR Act: Just in Time for the Cases That Inspired It?
When President Trump signed the Holocaust Expropriated Art Recovery Act of 2025 on April 13, 2026, most commentary – including my own – generally discussed the Act as a forward-looking change that would help future claimants. Although I mentioned that the Act would apply to “current” plaintiffs, I did not explain which cases that might…
Continue ReadingD.C. Circuit Holds Jurisdictional Discovery in FSIA Cases Not Immediately Appealable
Last Friday, August 14, 2026, the D.C. Circuit held in Rodriguez v. Pan American Health Organization that international organizations, and by extension foreign states, cannot immediately appeal district court orders for jurisdictional discovery aimed at determining if they are immune from suit. (Disclosure: I joined an amicus brief urging the court to take this position.)…
Continue ReadingForum Connections in Arbitration Enforcement
The New York Convention requires signatory states to recognize and enforce foreign arbitral awards, subject only to narrow exceptions set forth in the treaty. The Convention’s fundamental purpose is to facilitate enforcement by making arbitral awards portable, allowing award holders to search the globe for assets (or information about assets) when a counterparty that promised…
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