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ARTICLE · 09 SEPTEMBER 2026

Due Process Post-Fuld And Statute Of Limitations For ICSID Cases

Steptoe LLP
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Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve

GlobalLitigation, Mediation & Arbitration
Steven Davidson
Steven Davidson
Michael Baratz
Michael Baratz
Molly Bruder Fox
Molly Bruder Fox
Michael G. Scavelli
Michael G. Scavelli
Emma Marshak
Emma Marshak

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month, we review developments from the DC Circuit and the Ninth Circuit regarding due process and personal jurisdiction following the Supreme Court's 2025 decision in Fuld v. Palestine Liberation Organization, in which the Court held that the Fifth Amendment's due process limits on federal authority are distinct from the Fourteenth Amendment's "minimum contacts" limits placed on individual states. We also consider statute of limitations issues regarding enforcement of ICSID awards in US courts. We covered Fuld, CC/Devas, and the Argentine limitations fight in our 2025 Year in Review.

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