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U.S. Supreme Court,
International Law

Oct. 9, 2015

Eurail suit first of high court term

In the first U.S. Supreme Court case of the term, the court will consider the commercial activity exception to the Foreign Sovereign Immunities Act.

Chimene Keitner

Alfred & Hanna Fromm Professor of International Law
UC Hastings College of the Law

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Those who want to bring a claim in a U.S. court against a foreign state or one of its agencies or instrumentalities must use the Foreign Sovereign Immunities Act of 1976. The FSIA offers a type of jurisdictional "one stop shopping," simultaneously providing personal jurisdiction over a properly served defendant (under 28 U.S.C. Section 1330 (b)) and subject matter jurisdiction over the dispute. However, claims against a foreign state must fall wit...

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