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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  1. Different rules apply to claims against (a) foreign states and political subdivisions and (b) “agencies and instrumentalities.”
  2. Foreign states and political subdivisions
    1. Venue is always available in the U.S. District Court for the District of Columbia. 28 U.S.C. § 1391(f)(4).
    2. Venue may also be established in any district in which:
      1. a “substantial part of the event or omissions giving rise to the claim occurred” § 1391(f)(1);
      2. a “substantial part of the property” at issue is located Id.; OR
      3. for claims involving maritime liens, where the vessel or cargo is located. § 1391(f)(2).
  3. Agencies and Instrumentalities
    1. Statutory bases for venue are more restrictive than for claims against foreign states. Two statutory options only:
      1. § 1391(f)(1) see above OR
      2. a district where the agency or instrumentality is “licensed to do business or is doing business”
    2. Because the statutory bases are fairly restrictive, contractual consent to venue can be especially useful.

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