2012 May

May 10

No Immunity for Certain Counterclaims Under the FSIA

In an action initiated by a state or in which a state intervenes, Section 1607 restricts that state from asserting immunity against the following counterclaims: (a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against


May 10

Non-Commercial Torts and Terrorism

Sections 1605(a)(5) (non-commercial torts) and 1605A (terrorism) are related sections dealing with much the same situation:  claims by U.S. citizens against foreign states for non-commercial torts (in particular, personal injury or death) caused by a foreign state or its agents acting within the scope of their employment.  There are 2 key differences between scope of


May 10

Consent to Arbitration

Under  § 1605(a)(6) of the FSIA, a foreign State is not immune from jurisdiction in any action that is brought: to enforce an agreement made by the foreign state with . . . a private party to submit to arbitration all or any differences . . .  between the parties . . . concerning a