ICSID Award: Recalcitrant Sovereign Defaults
In Tidewater Investment SRL v. Bolivarian Republic of Venezuela, the United States District Courtfor the District of Columbia analyzed jurisdictional, service of process and other procedural issues in order to grant the plaintiff a default judgment in its effort to collect on an arbitration award.
Its December 17, 2018 decision explains in great detail the enforcement mechanism under the International Convention on the Settlement of Investment Disputes of Mar. 18, 1965, 17 U.S.T. 1270, 330 U.N.T.S. 3, 1, and 2 U.S.C. § 1650a(a). Under the statute, the Federal Arbitration Act does not apply to the ICSID framework to which the United States is a signatory. Section 1650 provides exclusive jurisdiction to the federal district courts.
Among other issues, the court examined in detail the plaintiffs' efforts to serve process under the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of Nov. 15, 1965, 20 U.S.T. 361, 658 U.N.T.S. 163, and the failure of the defendant's Central Authority to serve the summons, complaint, and accompanying initiating paper on Venezuela. Before reaching the substantive issues, the court also assured itself of personal and FSIA subject-matter jurisdiction. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.
Tue, / Embassy Law Link
2018 U.S. District Court Cases with Foreign Nations
The following lists decisions in the United States District Court for the District of Columbia in Washington, DC, where the embassies of foreign sovereigns are located, from the first three quarters of 2018:
Roth v. Syrian Arab Republic Memorandum and Opinion
Wye Oak Technology, Inc. v. Republic of Iraq Memorandum Opinion
Akins v. Islamic Republic of Iran Memorandum Opinion
Estate of Yonadav Hirshfeld v. Islamic Republic of Iran Memorandum Opinion
D&S Consulting, Inc. v. Kingdom of Saudi Arabia Memorandum Opinion
Fritz v. Islamic Republic of Iran Memorandum Opinion
Strange v. Islamic Republic of Iran Memorandum Opinion
Burmaster v. Switzerland Order
Fritz v. Islamic Republic of Iran Memorandum Opinion
Fraenkel v. Islamic Republic of Iran Memorandum Opinion on Reconsideration
Dahman v. Embassy of the State of Qatar Memorandum Opinion
Hamen v. Islamic Republic of Iran Memorandum Opinion and Order
Fraenkel v. Islamic Republic of Iran Memorandum Opinion on Remand
Azadeh v. The Government of the Islamic Republic of Iran Public Memorandum and Opinion
Bathiard v. Islamic Republic of Iran Memorandum Opinion
Burmaster v. Switzerland Report and Recommendation
Boulos v. Islamic Republic Memorandum
Peterson v. Islamic Republic Memorandum
Asemani v. Islamic Republic of Iran Link
Kinyua v. Republic of the Sudan Memorandum Opinion
Ruther v. Canada Memorandum Opinion
Republic of Kazakhstan v. Stati Memorandum Opinion
Salazar v. Islamic Republic of Iran Memorandum Opinion
Maalouf v. Islamic Republic of Iran Memorandum Opinion
Chogo v. Republic of the Sudan Memorandum Opinion
Kinyua v. Republic of the Sudan Memorandum Opinion
Sheikh v. Republic of the Sudan Memorandum Opinion
Pao Tatneft v. Ukraine Memorandum Opinion
Barot v. Embassy of the Republic of Zambia Memorandum Opinion
Rusoro Mining Limited v. Bolivarian Republic of Venezuela Memorandum Opinion
Gaskin v. Embassy of Canada to the United States Memorandum Opinion
Berkowitz v. Republic of Costa Rica Memorandum Opinion
Sun, / Embassy Law Link
Foreign Police Brutality in U.S. Court
Numerous legal issues affecting the jurisdiction of U.S. courts in matters of alleged foreign victims of police brutality lead to an educational decision in the matter Doe v. Buratai. The United States District Court for the District of Columbia examined exemptions to the claims of immunity for foreign official acts and under the Foreign Sovereign Immunities Act. It explained also the bases of personal jurisdiction, including specific jurisdiction, and its constitutional limitations where there is no nexus to the United States. Without a nexus, the plaintiffs of an allegedly discriminated ethnic and religious group sought to establish jurisdiction under the Torture Victims Protection Act, among other bases, but could not carry their burden of showing that the court has subject-matter jurisdiction. The court in Washington, DC, closed on July 19, 2018 with this conclusion: This case presents appalling allegations, but the Court can only hear cases over which it has jurisdiction. Lacking personal and subject-matter jurisdiction, the Court must grant the defendants' Motions to Dismiss. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.
Fri, / Embassy Law Link
Complaint Against Russia and Trump Sycophants
The complaint against the Trump family and his sycophants as well as Russia in Democratic National Committee v. Federation of Russia followed closely the revelation of the Comey memoranda on his disturbing meetings and calls with Trump. It was filed with the United States Court for the Southern District of New York on April 19, 2018 and makes for interesting reading in the areas of computer law and sovereign immunity law. The plaintiff argues that Russia should not benefit from sovereign immunity under the Foreign Sovereign Immunities Act. -- Clemens Kochinke, partner, Berliner Corcoran & Rowe LLP, Washington, DC.
Sun, / Embassy Law Link