Exclusivity in the United States
Exclusivity in the Context of Service of Process Abroad
Exclusivity of the Hague Service Convention in International Civil Litigation
Analysis of the Exclusivity of the Hague Service Convention
The Hague Service Convention Preempts Service Mechanisms Under Local Law
Read more information about The Hague Service Convention Preempts Service Mechanisms Under Local Law
The Hague Service Convention Provides Service Mechanisms Supplementing Domestic Law
Read more information about The Hague Service Convention Provides Service Mechanisms Supplementing Domestic Law
Basic Rules of Foreign Sovereign Immunities Application
In the Foreign Sovereign Immunities Act of 1976
According to research about Exclusivity from the Federal Judicial Center:In Argentine Republic v. Amerada Hess Shipping Corp., the U.S. Supreme Court held that “the FSIA provides the sole basis for obtaining jurisdiction over a foreign state in federal court . . . . “11 In so doing, the Court rejected the argument that preexisting jurisdictional provisions (including the Alien Tort Statute, 28 U.S.C. § 1350, and general admiralty and maritime jurisdictional statutes) authorized alternative and independent bases for suit against foreign states for violations of international law. Thus, if the defendant qualifies as a “foreign state,” the suit must be adjudicated under the FSIA.
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