- The FSIA does not generally affect the substantive law applicable to the underlying dispute.
- Limitations on default judgments. 28 U.S.C. § 1608(e)
- Once served, a foreign state has 60 days to respond to the Complaint.
- 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.”
- Conclusory allegations are insufficient
- Written submissions likely suffice, although the court may order a hearing.
- 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.”
Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts
JENNIFER R. SCULLION, JASON GERSTEIN*, JESSICA KASTNER*
XIII. Judgments Under the FSIA
* Not Yet Admitted