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ARTICLE · 27 JANUARY 2015

Supreme Court Docket Report - January 26, 2015

Mayer Brown
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Foreign Sovereign Immunities Act—Scope of conduct "based upon" activities within the United States

United StatesLitigation, Mediation & Arbitration
Richard Katskee
Richard Katskee
Brian Netter
Brian Netter
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On Friday, the Supreme Court granted certiorari in one case of interest to the business community:

Foreign Sovereign Immunities Act—Scope of conduct "based upon" activities within the United States

The Foreign Sovereign Immunities Act (FSIA) generally confers immunity from suit for foreign nations in United States courts, but there is an exception for suits "based upon a commercial activity carried on in the United States by the foreign state." 28 U.S.C. § 1605(a)(2). On January 23, the Supreme Court granted certiorari in OBB Personenverkehr AG v. Sachs, 13-1067, to answer two questions about the scope of the commercial-activity exception: When may the actions of an agent be imputed to a foreign state, and what does it mean for a claim to be "based upon" commercial activity in the United States?

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