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Foreign Sovereign Immunities Act 28 USC 1604

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Caremark, LLC v. Chickasaw Nation, No. 21-16209, 2022 U.S. App. LEXIS 21962 (9th Cir. Aug. 9, 2022)

Despite any delegation clause, a court must always determine whether the parties entered into an arbitration agreement as well as rule on any challenge to the delegation clause specifically.  Here, the court found that the Chickasaw Nation had entered into an arbitration agreement with Caremark.  The Chickasaw Nation did not automatically waive its sovereign immunity by agreeing to arbitration, but… Read More

Federal Republic of Germany v. Philipp (2021)

The Foreign Sovereign Immunities Act (28 USC 1604) generally shields foreign sovereigns from suit in United States courts, but permits suit here if rights in property have been taken in violation of international law.  This decision holds that property that a foreign sovereign takes from its own citizens, however wrongfully, does not fall within the exception to foreign sovereign immunity… Read More