The Commercial Activity Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act | Practical Law

The Commercial Activity Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act | Practical Law

A Practice Note examining the requirements for jurisdiction over claims against sovereign defendants (including foreign states and their political subdivisions, agencies, and instrumentalities) under the Foreign Sovereign Immunities Act's "commercial activity" exception to sovereign immunity, codified at 28 U.S.C. § 1605(a)(2). This Note analyzes the core jurisdictional requirement that, for this exception to apply, the plaintiff's action must be based on a foreign state's commercial activity or an act in connection with a foreign state's commercial activity.

The Commercial Activity Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act

by Andreas A. Frischknecht, Chaffetz Lindsey LLP, and Farrell A. Brody (formerly with Chaffetz Lindsey LLP), with Practical Law Litigation
Maintained • USA (National/Federal)
A Practice Note examining the requirements for jurisdiction over claims against sovereign defendants (including foreign states and their political subdivisions, agencies, and instrumentalities) under the Foreign Sovereign Immunities Act's "commercial activity" exception to sovereign immunity, codified at 28 U.S.C. § 1605(a)(2). This Note analyzes the core jurisdictional requirement that, for this exception to apply, the plaintiff's action must be based on a foreign state's commercial activity or an act in connection with a foreign state's commercial activity.