Victory for Sovereign Immunity and Cultural Heritage
Victims of terrorism found justice and a judgment for damages which they sought to enforce in Iranian antiquities lent to American research institutions by way of their attachment. When the owner-government attempted to block the attachment, the court granted the victims' motion to force the government into the disclosure of all of its assets in the United States and to require it to appear before the court and affirmatively plead immunity under §1609 of the Foreign Sovereign Immunities Act, 28 USC §1609.
On March 29, 2011, the United States Court of Appeals for the Seventh Circuit in Chicago reversed the district court with a detailed 41-page opinion in the matter Rubin et al. v. Iran et al., docket number 08-2805. The court noted the interest of the United States which happens to be aligned with that of the global community of nations.
Most importantly, the appellate judges found the FSIA to presume sovereign immunity. Exceptions are the exception and have to be pled. States do not need to plead the rule. It should be determined by the court. The decision limits the participation of governments in discovery to the property at issue. The court explains that victims can receive assistance from the government to learn about additional assets a foreign government may own in the United States. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
Note: The author's colleagues represent the defendant-appellant.
Wed, / Embassy Law Link