Proskauer Rose International Practice Guide Proskauer Rose LLP |
      Proskauer on International Litigation and Arbitration:
       Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes
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The FSIA provides the “sole basis” to bring claims in the U.S. against a foreign state. Argentine Republic v. Amerada Hess, 488 U.S. 428, 434 (1989). It is important to understand that the FSIA affects many aspects of litigation against a foreign state, not just the question of sovereign immunity.

  1. Subject matter jurisdiction: The FSIA provides a basis for original jurisdiction in federal court and also a basis to remove an action from state court. See Part VII below.
  2. Service of process: The FSIA governs service of process on foreign states. See Part VIII below.
  3. Personal jurisdiction: The FSIA also provides a basis for personal jurisdiction in the U.S. over a foreign state. See Part IX below.
  4. Venue: The FSIA has its own venue provisions. See Part X below.
  5. Exceptions to sovereign immunity: The FSIA provides multiple exceptions to the general doctrine of sovereign immunity. See Part XI below.
  6. Jury trial: The FSIA affects the right to a jury trial. See Part XII below.
  7. Extent and Collection of judgment: The FSIA may restrict enforcement of a judgment against sovereign assets. See Part XIII below.

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