Tag Archives: FSIA

Case of the Day: Nanko Shipping v. Alcoa

The case of the day is Nanko Shipping USA v. Alcoa, Inc. (D.D.C. 2015). The Republic of Guinea is a major source of bauxite, the world’s main source of aluminum. In the past 50 years, the Compagnie des Bauxites de Guinee, owned by Guinea and by Halco Mining, Inc., has produced more than 600 tons of bauxite for export. The bauxite has been used to produce 150 million tons of aluminum, worth more than $400 billion. Guinea, which had the right to ship half of the bauxite CBG mined under a contract with Halco, had a contract with Nanko Shipping Guinea, under which Nanko would exercise Guinea’s right to ship the bauxite. Nanko and its parent company, Nanko Shipping USA, as well as its principal, Mori Diane, sued Halco and Alcoa, which it claimed was an alter ego of Halco (and, with Rio Tinto, majority owner of Halco), alleging that Nanko was a third-party beneficiary of the contract and that Halco and Alcoa had refused to allow Nanko to ship the bauxite. Alcoa moved to dismiss for failure to join an indispensable party, namely Guinea.
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Case of the Day: Ashraf-Hassan v. Embassy of France

The case of the day is Ashraf-Hassan v. Embassy of France (D.C. Cir. 2015). Saima Ashraf-Hassan, a Pakistani national, was employed by the French embassy. She brought a claim of workplace harassment. The embassy answered the complaint without raising sovereign immunity and participated in discovery. Just before trial, the embassy sought to dismiss the case on sovereign immunity grounds. The district court denied the motion, and the embassy appealed.
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Case of the Day: Iskandar v. Embassy of Kuwait

The case of the day is Iskandar v. Embassy of the State of Kuwait (D.D.C. 2015). Randa Iskandar was a claims processor in the health office of the Kuwaiti embassy. She alleged that her supervisor had sexually abused her and retaliated against her after she complained. She sued the embassy. She served the summons and complaint on the First Secretary of the embassy. The embassy didn’t answer, and Iskandar moved for entry of default. The embassy then moved to dismiss for insufficient service of process and for want of subject matter jurisdiction.
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