FSIA Governs old Debt Claims Against Germany
On July 27, 2010, the United States Court of Appeals for the Second Circuit in New York City ruled in favor of Germany in confirming the dismissal of claims for old East German debentures by adding as a basis for dismissal the lack of allegations of commercial activities by state actors. The case is Mortimer Off Shore Services Ltd. v. The Federal Republic of Germany, docket number 08-1783. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Mon, / Embassy Law Link
On July 22, 2010, the International Court of Justice issued its advisory opinion on the unilateral declaration of independence by Kosovo. The 123-page decision is published on the court's website. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Fri, / Embassy Law Link
Service of Process on Foreign State
Actual notice is insufficient in the service of process on Brazil, the United States District Court for the District of Columbia explained on July 10, 2010. In the matter Ibiza Business Ltd. et al. v. United States of America et al., docket number 10-296, the plaintiff had sought entry of a default judgment against Brazil but the court advised it to serve in strict compliance with 28 USC §1608(a)(3). -- Clemens Kochinke,, partner, Berliner, Corcoran & Rowe, LLP, Washingcton, DC.
Thu, / Embassy Law Link