Proskauer Rose International Practice Guide

Proskauer on International Litigation and Dispute Resolution:
Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes

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Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts

I	Overview
II	Why Sue a Foreign State?
III	Effect of the FSIA
IV	The FSIA Institutes a “Restrictive” Theory of Sovereign Immunity
V	Timing of Application of FSIA
VI	What is a “Foreign State”?
VII	Subject Matter Jurisdiction
VIII	Service of Process
IX	Personal Jurisdiction
X	Venue
XI	Exceptions to Sovereign Immunity (28 U.S.C. §§ 1605 & 1607)
XII	Jury Trial
XIII	Judgments Under the FSIA
XIV	Collection Activities and Enforcements of Judgments
XV	The Act of State Doctrine

All:

TABLE OF CONTENTS

INTERNATIONAL LITIGATION

Ch. 1

Securing U.S. Jurisdiction

Ch. 2

Selecting U.S. Venue

Ch. 3

Service Outside U.S.

Ch. 4

Cross-Border Investigations

Ch. 5

U.S. Court Abstention in Deference to Non-U.S. Proceedings

Ch. 6

The Role of Comity

Ch. 7

Choice of Law Issues: Selecting the Appropriate Law

Ch. 8

Choice of Law Issues: Proof of Non-U.S. Law in U.S. Courts

Ch. 9

Suing Non-U.S. Governmental Entities in U.S. Courts

I

II	Why Sue a Foreign State?

III	Effect of the FSIA

IV	The FSIA Institutes a “Restrictive” Theory of Sovereign Immunity

V	Timing of Application of FSIA

VI	What is a “Foreign State”?

VII	Subject Matter Jurisdiction

VIII	Service of Process

IX	Personal Jurisdiction

X

XI	Exceptions to Sovereign Immunity (28 U.S.C. §§ 1605 & 1607)

XII	Jury Trial

XIII	Judgments Under the FSIA

XIV	Collection Activities and Enforcements of Judgments

XV	The Act of State Doctrine

Ch. 10

Anti-Suit Injunctions: Enjoining Non-U.S. Court Proceedings in U.S. Courts

Ch. 11

Anti-Suit Injunctions: Enjoining U.S. Court Proceedings in Non-U.S. Courts

Ch. 12

Maintaining Status Quo: Provisional Remedies

Ch. 13

Discovery Abroad for U.S. Proceedings

Ch. 14

Discovery in United States in Aid of Proceedings Outside U.S.

Ch. 15

Privilege Issues

Ch. 16

Cross-Border Legal Ethics

Ch. 17

Ch. 18

Recognition & Enforcement of Judgments

INTERNATIONAL ARBITRATION

INTERNATIONAL ISSUES IN SELECT SUBSTANTIVE AREAS

ACKNOWLEDGEMENTS

ABOUT US | TRENDS | NEWS & EVENTS | CONTACT | AUTHORS

Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts

Authors: JENNIFER R. SCULLION, JASON GERSTEIN*, JESSICA KASTNER*

XII. Jury Trial

* Not Yet Admitted

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The FSIA prohibits jury trials with respect to claims against a foreign state, regardless of any contrary statutory rights to a jury trial on the merits. 28 U.S.C. § 1330(a) and 1441(d).
Where the suit also involves claims against private parties not subject to the FSIA, parallel jury and non-jury trials are an option. See, e.g., Gould v. Aerospatiale Helicopter Corp., 40 F.3d 1033 (9th Cir. 1994) (parallel trials of claims against foreign state and non-sovereign co-defendant).

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