Arbitration In The Courts, July 2025 (Vol. 16)

Supreme Court holds that FSIA § 1330 provides exclusive statutory test for personal jurisdiction over foreign states in arbitration award enforcement action:

Courts need not conduct additional "minimum contacts" analysis when FSIA arbitration exception applies and service is proper.

CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al., 605 U.S. (2025).

The Foreign Sovereign Immunities Act (FSIA) establishes the exclusive framework for obtaining jurisdiction in U.S. courts over foreign states and their instrumentalities such as state-owned entities. While foreign sovereigns generally enjoy immunity from suit, the FSIA creates several enumerated exceptions to such immunity. Among these is the arbitration exception under Section 1605(a)(6), which waives immunity for suits to confirm arbitration awards where the "agreement or award" is "governed by a treaty or other international agreement," such as the New York Convention, which requires signatory