2012 May
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 →
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 →
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 →
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