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

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WELCOME

TABLE OF CONTENTS

INTRODUCTION

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

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

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

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

Trials

Ch. 18

Recognition & Enforcement of Judgments

INTERNATIONAL ARBITRATION

INTERNATIONAL ISSUES IN SELECT SUBSTANTIVE AREAS

ACKNOWLEDGEMENTS

DISCLAIMER

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*

XIII. Judgments Under the FSIA

* Not Yet Admitted

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The FSIA does not generally affect the substantive law applicable to the underlying dispute.
Limitations on default judgments. 28 U.S.C. § 1608(e)
1. Once served, a foreign state has 60 days to respond to the Complaint.
2. If no response is filed, the FSIA permits a default judgment, but only if “the claimant establishes his claim or right to relief by evidence satisfactory to the court.”
  1. Conclusory allegations are insufficient
  2. Written submissions likely suffice, although the court may order a hearing.
3. Practice Tip: If a default judgment is obtained, plaintiff must serve a copy on the foreign state using the service of process rules.
No punitive damages: The FSIA expressly bars recovery of punitive damages against a “foreign state.” 28 U.S.C. § 1606. Punitive damages are permitted, however, against “agencies and instrumentalities.”

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