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Case of the Day: Turkiye Halk Bankasi A.S. v. United States
The case of the day is Turkiye Halk Bankasi AS v. United States (S. Ct. 2023). I wrote about the case in the District Court. It presents a simple legal question: does the Foreign Sovereign Immunities Act govern the question whether a foreign state, or the instrumentality of a foreign state, is immune from jurisdiction […]
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Update: the Briefs in Chiejina v. Nigeria
I reported on the decision denying a jurisdictional motion to dismiss in Chiejina v. Nigeria, an award enforcement case I’m handling, back in August 2022. The dispute involved breaches of a contract for construction of gully erosion control structures in Nigeria’s Imo state. The parties have now filed their main briefs in the DC Circuit […]
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Case of the Day: LS Energia v. Corporation Electrica Nacional
The case of the day is LS Energia Inc. v. Electrica Nacional S.A. (S. D. Fla. 2023). LS Energia, a Florida company, and its Panamanian affiliate brought an action against Venezuela and its state-owned oil and electric companies. The plaintiffs had begun by seeking to serve all three defendants by diplomatic channels under 28 U.S.C. […]
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Case of the Day: Palladian Partners v. Province of Buenos Aires
The case of the day is Palladian Partners, LP v. Province of Buenos Aires (S.D.N.Y. 2022). In 2018, Palladian obtained a German judgment against the Province of Buenos Aires, which had defaulted on euro-denominated bonds following the 2001 financial crisis. Now it seeks recognition and enforcement of the German judgment in the Southern District of […]
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Türkiye Halk Bankasi v. United States: Supreme Court Grants Cert.
The Supreme Court will review the Second Circuit’s decision in Türkiye Halk Bankasi, A.Ş v. United States, a decision rejecting the argument that the United States cannot criminally prosecute a foreign company owned by a foreign sovereign. Paul Stephan has an excellent post about the case at the Transnational Litigation Blog. I don’t want to […]