- Different rules apply to claims against (a) foreign states and political subdivisions and (b) “agencies and instrumentalities.”
- Foreign states and political subdivisions
- Venue is always available in the U.S. District Court for the District of Columbia. 28 U.S.C. § 1391(f)(4).
- Venue may also be established in any district in which:
- a “substantial part of the event or omissions giving rise to the claim occurred” § 1391(f)(1);
- a “substantial part of the property” at issue is located Id.; OR
- for claims involving maritime liens, where the vessel or cargo is located. § 1391(f)(2).
- Agencies and Instrumentalities
- Statutory bases for venue are more restrictive than for claims against foreign states. Two statutory options only:
- § 1391(f)(1) see above OR
- a district where the agency or instrumentality is “licensed to do business or is doing business”
- Because the statutory bases are fairly restrictive, contractual consent to venue can be especially useful.
Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts
JENNIFER R. SCULLION, JASON GERSTEIN*, JESSICA KASTNER*
* Not Yet Admitted