Globalization has enabled national governments to expand the scope of their traditionally political and diplomatic activities into the commercial sphere. As a result of such phenomena as state-controlled enterprises playing major roles in the international energy or financial sectors, legal systems across the globe have increasingly recognized that where foreign governments act as private entities, they should be treated as such to at least some extent in the event of subsequent litigation. In the US, litigation against foreign governments and government-controlled entities is governed by the 1976 Foreign Sovereign Immunities Act (FSIA), which presumptively immunizes foreign governments from claims in US courts absent specified exceptions to this immunity (which will allow such claims to proceed).
The FSIA allows suits against foreign governments in more instances than problems arising from commercial activities, having formed the basis for a fluid jurisprudence since its enactment with which even transactional attorneys should be familiar so as to know what to expect should a transaction with a foreign government enterprise result in litigation. These disputes have implicated the reclamation of property lost during the Holocaust, litigation against the Holy See arising from clerical abuse allegations, foreign government expropriations of property and litigation against US government-designated state sponsors of terrorism (e.g., Iran). The statute thus touches upon other areas of law ranging from torts and maritime issues to national security matters.
Topics include:
FSIA's purpose of allowing claims arising from dealings with foreign sovereigns akin to private transactions
Who can sue or be sued under the statute
Guidelines for establishing foreign sovereign immunity and the exceptions thereto that allow for US subject matter jurisdiction
Proper courts in which to sue a foreign sovereign
Service of process and the establishment of personal jurisdiction
Liability, damages and enforcing judgments under the FSIA
This program is accredited for Continuing Legal Education. For more information or to register, contact Robin Hallagan, +1 216 479 8115. There is a cost for attending this PLI program.
