to the United States, the FSIA is the main concept taken into consideration for the evaluation of the case. If the case is passed to an U.S court and the FSIA is applied then the US court defines whether or not the party has sovereign immunity based on the exceptions of the FSIA.
________________________________________
[1] Staff, LII. “Sovereign immunity.” LII / Legal Information Institute, 6 Aug. 2007, https://www.law.cornell.edu/wex/sovereign_immunity. Retrieved online November 10th, 2017.
[2] Stewart, David. “The Foreign Sovereign Immunities Act: A Guide for Judges.” Federal Judicial Center, International Litigation Guide, 2013, https://www.fjc.gov/sites/default/files/2014/FSIAGuide2013.pdf. Retrieved online November 12th, 2017.
The…show more content… This exception is the most-widely applicable in litigation after waiver. First, to consider that a commercial activity by a foreign state is done in the US, there have to be enough connection between the activity and the claims being made. Second, when referring to the activity in the US linked to a foreign state, this might include some elements such as solicitation and extension of offers, adding a foreign transaction. Third, to consider that there is a direct effect from that commercial activity in the US, it has to be an immediate consequence. To describe a commercial conduct, it is referred to the nature of the conduct, transaction or act, and not for the purpose. So, if there is a nature of the conduct which is in fact commercial, it may be not have a sovereign…show more content… - There is no immunity for claims of property in the US acquired by succession, gift, or inheritance and for immovable property.
- If money damages are found related to personal injury or death, or property damaged or lost, causing a tort by that foreign state in the US, then immunity would not be applied.
- If an action is brought and is related to enforcing an arbitration award, there is no immunity if, first, the arbitration is occurring in the US; second, there is an international agreement that recognizes the enforcement of the award in the US; and third, the underlying claim could have been brought in the US courts.
- There is no immunity if there is a link to a terrorist act or claims for money damages causing personal injury or death, these caused by aircraft sabotage, torture, hostage taking, extrajudicial killing, or material support for that purpose. Applicable if the individual affected was an American, if the foreign state is the definitive sponsor of terrorism, and if arbitration was available, it had to be used
