In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
The United States Supreme Court has rejected arguments made by Turkiye Halk Bankasi A.S. (“Halkbank”) that, as a majority state-owned bank and thus an agency or instrumentality of the Republic of Türkiye, it enjoys immunity...more
On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more
An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more
On March 7, 2016, the Sixth Circuit Court of Appeals joined its sibling circuits by affirming a ruling from the Southern District of Ohio, which found that the design and manufacture of a product is a commercial activity...more
On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more
On December 1, 2015, the Supreme Court of the United States decided OBB Personenverkehr AG v. Sachs, No. 13-1067, holding that the commercial-activity exception to the Foreign Sovereign Immunities Act did not apply to a...more