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ARTICLE · 17 JUNE 2014

Supreme Court Decision Alert - June 16, 2014

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The Supreme Court held today in Republic of Argentina v. NML Capital, Ltd., No. 12-842, that the Foreign Sovereign Immunities Act does not prohibit postjudgment discovery of information concerning a foreign-sovereign judgment debtor’s extraterritorial assets.

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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Today (June 16, 2014) the Supreme Court issued one decision, described below, of interest to the business community.

Foreign Sovereign Immunities Act—Post-Trial Discovery

Republic of Argentina v. NML Capital, Ltd., No. 12-842 (described in the January 13, 2014, Docket Report)

The Supreme Court held today in Republic of Argentina v. NML Capital, Ltd., No. 12-842, that the Foreign Sovereign Immunities Act does not prohibit postjudgment discovery of information concerning a foreign-sovereign judgment debtor's extraterritorial assets. The decision marks a substantial expansion of postjudgment discovery available under the FSIA.

As relevant here, the Foreign Sovereign Immunities Act of 1976 provides for subject-matter jurisdiction to adjudicate claims against a foreign sovereign if one or more exceptions to sovereign immunity, including waiver of immunity to jurisdiction, exist. See 28 U.S.C. § 1605. The FSIA also authorizes execution of a judgment against the

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