Advisory
Financial Services
March 5, 2025
Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception
One generally cannot sue a foreign state in a U.S. court because the Foreign Sovereign Immunities Act (FSIA) presumptively shields foreign states from suit. But the FSIA also sets out narrow exceptions to that presumptive foreign sovereign immunity, including the so-called “expropriation exception,” which applies to certain suits involving property taken by a state in violation of international law. If plaintiffs seek to invoke the expropriation exception, however, they must demonstrate a “commercial nexus.”
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