The U.S. Supreme Court building in Washington, D.C. Photo: Diego M. Radzinschi/ALM On Some Issues, Sovereigns Are Just Like You and Me
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent Supreme Court decision that resolved a split among the Circuits and held that, in a case under the Foreign Sovereign Immunities Act raising non-federal claims against a foreign state or instrumentality, a court should determine the substantive law by using the same choice-of-law rule that would have been applicable in a similar suit against a private party.
May 25, 2022 at 12:00 PM
10 minute read
Suing foreign sovereigns in the courts in the United States raises certain issues that are of no concern if there is a non-sovereign on the other side. In this column, we look at a recent Supreme Court decision in which the court made clear that, at least with respect to choice of law, a sovereign should be treated exactly the same as a private party. See Cassirer v. Thyssen-Bornemisza Collection Foundation, 596 U.S. ___ (2022).
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