Share on LinkedInShare on LinkedIn

ARTICLE · 13 MAY 2013

Recent Developments In Suits Against Foreign Governments And Corporations Doing Business Abroad

Jones Day
Jones Day
Contributor
Jones Day

Jones Day

Jones Day is a global law firm with more than 2,400 lawyers in 40 offices across five continents....

View firm profile
Explore more from Jones Day

The United States is an attractive forum for plaintiffs to challenge the actions of foreign states, due to U.S. courts' liberal discovery rules, higher damage awards, availability of class actions, and the absence of "loser pay" rules, but foreign states are generally immune from civil suits.

United StatesLitigation, Mediation & Arbitration

The United States is an attractive forum for plaintiffs to challenge the actions of foreign states, due to U.S. courts' liberal discovery rules, higher damage awards, availability of class actions, and the absence of "loser pay" rules. But foreign states are generally entitled to immunity from such civil suits under the Foreign Sovereign Immunities Act ("FSIA").

As a result, plaintiffs often seek to circumvent FSIA immunity through three different strategies. First, plaintiffs sue private corporations that are not covered by the FSIA, claiming that the corporations were complicit in the foreign state's alleged wrongdoing. Second, plaintiffs sue the foreign states directly, but try to fit the action into one of the FSIA's exceptions to immunity, principally the exceptions for commercial activity, torts, or takings. Third, plaintiffs sue the foreign officials who allegedly committed or ordered the sovereign acts in question, who do not enjoy FSIA immunity.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from