'It is to be noted that under the FSIA
, a default judgement cannot be entered against a foreign State like Nigeria unless the presiding judge determines so after the petitioner/claimant must have established its entitlement to a default judgement,' he said.
(11) The Herzog family alleged that the seizure of the Collection constituted a breach of a bailment, the Court went on to reason that the Herzog family's claim fell within the FSIA
expropriation exception and that jurisdiction over the foreign state exists.
Under the FSIA
, the United States' regulatory sandbox initiative would have incorporated a two-pronged approach.
the university's study of the tablets--triggered section 1610 of the FSIA
The court, however, concluded that two exceptions to immunity in the FSIA
, the waiver and arbitration exceptions to immunity, confer subject matter jurisdiction over actions arising from ICSID awards, citing Blue Ridge Investments, 735 F.3d at 83-84, in support of the conclusion.
, however, did not do away with the common law act of state
CLARIFICATION ACT WOULD EASE THE TENSION BETWEEN FSIA
entitled to official immunity under the FSIA
. (12) The court also found
All three findings challenge both the underlying comparative institutional competence claims that supported the FSIA
's passage and more general conventional understandings about the proper allocation of authority between the executive and judicial branches.
seeks to transfer responsibility for determination of immunity to the judiciary, define and codify the restrictive theory of immunity, and provide a comprehensive and uniform litigation procedure against foreign states and governmental agencies.
In relation to the FSIA
, the Appellants did seek to raise an additional argument relating to section 1610(g) of the Act in their reply brief on appeal.
This reference on the Foreign Sovereign Immunities Act (FSIA
) is written in plain language, making it accessible to a broad readership of legal practitioners, academics, international relations professionals, those in business, and policymakers.