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Waiver Implied in Garnishment?
When it completed a form in a garnishment matter and objected to the personal jurisdiction, did the
Japan Bank for International Cooperation imply a waiver of its immunity from subject matter jurisdiction? On December 3, 2009, the United States District Court for the District of Columbia held in Inversora Murten S.A. v. Energoproject Holding Co., docket number 03-73, that the bank did not.
The court explains the reasons in its detailed opinion. Most importantly, the garnishment form does not constitute one of the pleadings where a failure to object would be harmful. In addition, the court emphasizes the intent standard that bars an inadvertent waiver from becoming effective under the Foreign Sovereign Immunities Act. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Tue, / Embassy Law Link