Exclusivity

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.

Resources

See Also

Popular Topics related with Exclusivity

  • Foreign Sovereign Immunities Act Citation
  • United States Foreign Sovereign Immunities Act
  • Foreign Sovereign Immunity Law
  • Immunities from Jurisdiction
  • Immunity Definition
  • Immunity of State Officials

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *