Much-Needed Clarification Of Immunities Under FSIA

Law360, New York (October 9, 2012, 1:26 PM EDT) -- On Aug. 20, 2012, the United States Court of Appeals for the Second Circuit issued its ruling in EM Ltd. v. Republic of Argentina,[1] which clarified the scope of protection afforded to foreign states and their instrumentalities under the Foreign Sovereign Immunities Act (FSIA), in connection with postjudgment enforcement proceedings.

The decision, which held that a party that has obtained a valid judgment against a foreign state is entitled to broad postjudgment discovery concerning the foreign state’s assets located both within the United States and abroad,...
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