- The FSIA prohibits jury trials with respect to claims against a foreign state, regardless of any contrary statutory rights to a jury trial on the merits. 28 U.S.C. § 1330(a) and 1441(d).
- Where the suit also involves claims against private parties not subject to the FSIA, parallel jury and non-jury trials are an option. See, e.g., Gould v. Aerospatiale Helicopter Corp., 40 F.3d 1033 (9th Cir. 1994) (parallel trials of claims against foreign state and non-sovereign co-defendant).
Ch. 9 Suing Non-U.S. Governmental Entities in U.S. Courts
JENNIFER R. SCULLION, JASON GERSTEIN*, JESSICA KASTNER*
XII. Jury Trial
* Not Yet Admitted