For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an...more
President Donald J. Trump signed the Holocaust Expropriated Art Recovery Act of 2025 into law yesterday, April 13, 2026. The law extends the provisions of the Holocaust Expropriated Art Recovery Act (HEAR Act) of 2016 with...more
On March 27, 2026, the U.S. Court of Appeals for the Second Circuit in Petersen Energía Inversora S.A.U. v. Argentine Republic reversed the U.S. District Court for the Southern District of New York (“SDNY”)’s $16.1-billion...more
Highlights - • Hughes Hubbard submitted a brief in the DC Circuit urging the Court to deny Russia’s motion to stay the Court’s mandate after its decision upholding the District Court’s jurisdiction over a suit to enforce a...more
The DC Circuit Court of Appeals’ August 2024 decision in NextEra Energy v. Spain is reshaping the enforcement landscape for arbitral awards in US courts, particularly for awards arising from intra-EU disputes under the Energy...more
Hughes Hubbard successfully represented a group of 11 Ukrainian petrol companies, led by Stabil LLC, before the U.S. Court of Appeals for the District of Columbia Circuit, which affirmed the United States District Court for...more
We’ve previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country’s immunity from suit under the U.S. Foreign Sovereign Immunities Act or “FSIA”. Briefly, in...more
From "multi-Crown" class actions to the corporate attribution doctrine, Davies litigators explore the judicial shifts from 2024-2025 that business leaders need to know - Although 2025 is now in the rearview mirror, the...more
On January 16, 2025, Foley Hoag filed two amicus briefs on behalf of leading U.S. and international jurists on foreign sovereign immunity before the U.S. Supreme Court in Exxon Mobil Corp. v. Corporación CIMEX, S.A. (Cuba)....more
U.S. Eleventh Circuit Court of Appeals - USA v. Bryan - criminal trial, interference with rights, kidnapping, evidence- Koletas v. USA - FTCA, sovereign immunity waiver, Transportation Security Officers - Watson v....more
本号では、複数の実務分野にわたる重要な法的進展を取り上げています。はじめに、連邦最高裁判 所によるFuld v. Palestine Liberation Organization訴訟について検討しています。この判決は、米国 憲法修正第5条に基づく外国被告に対する個人管轄権の枠組みをより柔軟にするものです。また、 日本の製薬企業に影響を及ぼす重要な動向として、リバース・ペイメントの和解訴訟を取り上げて います。...more
The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations for creditors...more
The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche...more
U.S. Eleventh Circuit Court of Appeals - Ivory v. USA - postconviction relief - Gould v. Interface - employment, agreement, preservation of error - Devengoechea v. Bolivian Repub - Foreign Sovereign Immunities Act,...more
Today, the Supreme Court of the United States granted certiorari in five cases - Exxon Mobil Corp. v. Corporación Cimex, S.A., No. 24-699: This case concerns the Cuban Liberty and Democratic Solidarity Act of 1996...more
In July, the U.S. Senate introduced the Art Market Integrity Act (AMIA), legislation that would require art dealers and auction houses to comply with anti-money laundering and counterterrorism financing regulations under the...more
The U.S. Senate proposes a new anti-money laundering legislation to regulate the art market and introduces an updated HEAR Act, an EU regulation seeking to combat illicit trafficking of non-EU cultural property takes effect,...more
Several federal laws include provisions that authorize victims and families to file lawsuits for acts of international terrorism. This includes lawsuits against designated state sponsors of terrorism, other foreign states,...more
Bombings and other attacks committed by terrorist organizations can have devastating consequences for victims and their families. While members of terrorist organizations may face criminal prosecution in federal court or...more
In a precedential decision that will impact numerous recognition proceedings in the U.S., the United States Court of Appeals for the District of Columbia Circuit held that whether an arbitration agreement exists is a...more
The U.S. Supreme Court recently issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp., No. 23-1201 (June 5, 2025), clarifying that the “minimum contacts” requirement is not necessary to establish personal...more
June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more
On June 5, 2025, the US Supreme Court held, in a unanimous decision, that civil litigants in US courts seeking to enforce an arbitration award against foreign nations or instrumentalities do not need to meet a higher standard...more
The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain. In...more
In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more