Foreign Sovereign Immunity
The following are digests and links to Circuit
Court Admiralty Cases that have as an issue foreign sovereign immunity:
U.S.
Titan Inc. v. Guangzhou Zhen Hua Shipping
Second Circuit Court of Appeals
February 15, 2001
Arbitration/Charter Parties: the District
Court correctly held that the parties did not enter into an "ad hoc" agreement
to arbitrate whether they had formed a charter party, but that they had
formed a charter party that included an arbitration clause requiring London
arbitration; Foreign Sovereign Immunity: although defendant vessel
owner was a Chinese state-owned company, it was not immune from petitioner's
action to compel arbitration in London in view of the Foreign Sovereign
Immunity Act's arbitration exception.
Eott
Energy v. Winethur Swiss Insurance
Ninth Circuit Court of Appeals
July 20, 2001
Foreign Sovereign Immunity: since the
defendant insurance company is not directly owned by Ireland, but rather
held through an intermediate holding company owned by Ireland, it is not
itself an "instrumentality of a foreign state" under the Foreign Sovereign
Immunity Act ("FSIA"); even though the insurance company is not directly
owned by ireland, it is still possible for it to be an "organ" of a foreign
state as defined by § 1603(b)(2) of the FSIA; since the record is
unclear, the case will be remanded to the district court to determine whether
the company acted as an "organ" of a foreign state by engaging in "a public
activity on behalf of the foreign government.
Venus
Lines v. CVG Industria Venezolania de Aluminio, C.A.
Eleventh Circuit Court of Appeals
April 25, 2000
Foreign Sovereign Immunity: the
foreign sovereign shipper had explicitly waived its immunity from prejudgment
attachment in the governing contract of affreightment, thus the carrier
was entitled to attach for security purposes the sovereign's cargo as long
as that cargo was used for "commercial activity in the United States."
Transamer
Leasing v. La Republica de Venezuela
District of Columbia Circuit Court of
Appeals
January 21, 2000
Foreign Sovereign Immunity: the Venezuelan
government is immune from suit for the contract breaches of a defunct state
owned shipping company since it did not exercise the requisite control
over the company. |