Visitors now: 12
Attachment of Award and Blocked Assets
A foreign government wins an award in arbitration against an American company. A plaintiff obtains a judgment against the government and seeks to attach the award. Before and after the award to the foreign government, the U.S. government issues orders to freeze the assets of the foreign government but certain awards are exempted by treaty from seizure. The award has been pledged by the foreign government to the United States.
That situation and the ensuing legal issues are now before the Supreme Court of the United States in Washington. A recommendation by Solicitor General Paul D. Clement appearing as Amicus Curiae in the matter Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Darish Elahi, 07-615, summarizes the facts and legal arguments as well as the position of the U.S. government. The Scotus Blog states that the Solicitor General filed the brief on May 23, 2008. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington.
Fri, / / Embassy Law Link
