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Supreme Court Addresses Expropriation Exception to Foreign Sovereign Immunity

On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more

Claims for Expropriated Property in Cuba Under the Helms-Burton Act

In 1996, the U.S. Congress enacted, and President Clinton signed, the Cuban Liberty and Democratic Solidarity Act (Libertad) Act (the Helms-Burton Act or the Act). The Helms-Burton Act was enacted, in part, to “protect...more

1/17/2019  /  Cuba , Expropriation , Title III

Congress Amends FSIA to Protect Art and Cultural Exchanges

Introduction - On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that...more

Second Circuit Addresses Expropriation and Imputation Issues under FSIA

Introduction - On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to...more

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