Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Saudi Arabia

Case of the Day: Abdul Latif Jameel Transportation v. FedEx

Posted on September 24, 2019

The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases that said “no,” but then came Intel, in which the Supreme Court adopted a functional test for deciding what is an is not a tribunal. People speculated that in light if Intel courts would begin to say that private arbitral tribunals were tribunals for purposes of the statute, but to date, that hasn’t happened at the appellate level. Today’s decision is the first decision of a circuit court, post-Intel…

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Case of the Day: Reyes v. Al-Malki

Posted on October 26, 2017

The case of the day is Reyes v. Al-Malki, [2017] UKSC 61. The case is in the “diplomat allegedly abuses a domestic servant and then claims immunity from suit” genre. The infamous Gurung v. Malhotra is in that genre, as is the Khobragade case from 2013. The cases I’ve seen don’t seem to get much appellate attention, so this decision of the UK Supreme Court is particularly noteworthy.

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President Obama Vetoes JASTA

Posted on September 27, 2016

Since we are talking about the other branches of government getting involved in foreign sovereign immunity, here is a report on the proposed Justice Against Sponsors of Terrorism Act, S. 2040. The purpose of the bill is “to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States.” Its immediate impetus was the plight of the 9/11 survivors, who found that they could not bring a claim against Saudi Arabia on account of that country’s foreign sovereign immunity, taken…

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