Foreign Sovereign Immunities Act

Foreign Sovereign Immunities Act in the United States

Foreign Sovereign Immunities Act in the Context of Federal Question Jurisdiction

Sovereign Immunity and Judicial Jurisdiction Under the Foreign Sovereign Immunities Act in International Civil Litigation

Analysis of the Sovereign Immunity and Judicial Jurisdiction Under the Foreign Sovereign Immunities Act, VERLINDEN BV v. CENTRAL BANK OF NIGERIA Notes on Verlinden in relation to the Subject Matter Jurisdiction of U.S. Courts in International Disputes.

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  • Choice of Forum Provision
  • Choice of Forum Clause Definition
  • Choice of Forum Clause Sample
  • Forum Selection
  • Choice of Law

Foreign Sovereign Immunities Act in the Context of Foreign Countries

FSIA’s Specialized, Uniform Regime for Service on Foreign States in International Civil Litigation

Analysis of the Foreign Sovereign Immunities Act of 1976 (FSIA)’s Specialized, Uniform Regime for Service on Foreign States

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See Also

  • Choice of Forum Provision
  • Choice of Forum Clause Definition
  • Choice of Forum Clause Sample
  • Forum Selection
  • Choice of Law

Foreign Sovereign Immunities Act in the Context of Judicial Jurisdiction Over Foreign Countries

Bases for Judicial Jurisdiction Over Foreign States under the FSIA in International Civil Litigation

Analysis of the Bases for Judicial Jurisdiction Over Foreign States under the FSIA in relation with the Foreign Sovereign Immunity and Jurisdiction of U.S. Courts over Foreign States.

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  • Choice of Law Rule
  • Judicial Branch Jurisdiction
  • Legislative Jurisdiction
  • Supreme Court Jurisdiction
  • Judicial Jurisdiction Definition

The Second Basic Rule

According to research about Foreign Sovereign Immunities Act from the Federal Judicial Center:The FSIA statute also provides foreign states and their agencies and instrumentalities with immunity from execution of judgments and attachments. The rules governing this issue are in some respects more restrictive than the jurisdictional rules, so that a state or agency or instrumentality may validly be subject to a court’s jurisdiction but nonetheless be insulated from execution of a resulting judgment. The most common FSIA cases involve claims against foreign governmental entities for breach of commercial contracts for the purchase and sale of goods or services. U.S. courts are also likely to encounter suits involving the expropriation of property in a foreign country, torts committed in the United States (such as automobile accidents and slip-and-fall injuries), enforcement of foreign arbitral awards, and death or injury resulting from acts of state-sponsored terrorism abroad.

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Popular Topics related with Foreign Sovereign Immunities Act

  • Foreign Sovereign Immunities Act Exceptions
  • Foreign Sovereign Immunities Mean
  • Immunities Bill of Rights
  • Immunities in International Law
  • Immunity from Suit
  • Immunity Response

The First Basic Rule

According to research about Foreign Sovereign Immunities Act from the Federal Judicial Center:Under the FSIA, foreign states and governments, including their political subdivisions, agencies, and instrumentalities, are immune from suit unless one of the statute’s specific exceptions applies. Thus, jurisdiction exists only when one of the exceptions to foreign sovereign immunity applies. If the claim does not fall within one of the enumerated exceptions, the defendant is entitled to immunity and the courts lack both subject-matter and personal jurisdiction. All FSIA cases therefore require courts to address three related questions at the outset: 1. Is the defendant a “foreign state or government” within the meaning of the statute? 2. Has valid service been made as provided by the statute? 3. Does a statutory exception to immunity apply? If the answer to the first question is yes, the statute applies. Even when the answer to the second question is yes, the case nonetheless must be dismissed if no exception applies—”even in situations where the wrongfulness of the foreign sovereign’s conduct is clear and indisputable.”4 Where an exception does apply, so that the defendant lacks immunity and jurisdiction exists, the statute continues to govern the proceedings against qualified defendants. Reflecting the particular sensitivities of litigation against foreign governmental entities, the FSIA provides these entities with certain protections and benefits, such as extended time for answering complaints, a right of removal from state to federal court, entitlement to a non-jury trial, limitations on award of punitive damages, and constraints against attachment of and execution against government property.

Resources

See Also

Popular Topics related with Foreign Sovereign Immunities Act

  • Arbitration Immunity
  • Foreign Sovereign Immunities Act Instrumentality
  • Foreign Sovereign Immunity
  • Immunities Clause
  • Immunities of International Organizations
  • Immunity Means
  • Immunity Specialized Agencies

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