With the rise of globalization, the contracts between private parties and foreign governments have inevitably increased cross-border legal disputes, making the FSIA a significant component of U.S. international dispute resolution practice. Foreign sovereign immunity issues are important to today's topical issues including the world-wide oil and natural gas industry, and the financial services industry.
The FSIA's provisions fall into six general categories that form the basis for this book's organization:
- The statute's findings and declaration of purpose reflecting policymakers' intent to codify international foreign sovereign immunity law into domestic U.S. law and deny specified foreign sovereign defendants immunity from claims arising from dealings akin to private, as opposed to traditional governmental, activities;
- Frameworks for who can sue and be sued under the statute, as well as for the statute's territorial scope;
- Guidelines for establishing foreign sovereign immunity and the exceptions thereto that allow for U.S. subject matter jurisdiction;
- A framework for determining the appropriate courts in which to bring a claim;
- Guidelines for service of process and the establishment of personal jurisdiction; and
- Guidelines for determining liability and damages and for enforcing judgments.
Praise for The FSIA Deskbook
“A comprehensive and accessible reference source that nobody involved in international civil litigation can be without. It provides the most complete and up-to-date review of the FSIA and its case law that is available.”
Chair, International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP
Co-author, International Civil Litigation in United States Courts, Fifth Edition
“Ernesto Sanchez’s new Deskbook on the Foreign Sovereign Immunities Act is a must have for practitioners. It is exactly the resource that international practitioners should keep “at their fingertips” for quick reference to an ever evolving body of law. The explanations are thorough and well footnoted which greatly simplifies research and consideration of challenging issues under the FSIA. It has already provided assistance in a number of cases.”
Carolyn B. Lamm
Partner, International Arbitration Group, White & Case LLP
Former President, American Bar Association (2009-2010)
“This book offers a highly usable practitioners’ guide to the Foreign Sovereign Immunities Act. It is clearly written, topically organized, substantively comprehensive and thoroughly researched. As a result it will be particularly valuable to those with little background in or experience with the FSIA. Foreign lawyers should find it especially helpful, since it provides helpful background, history and conceptual context for the U.S. approach to issues of what is referred to, in many other legal systems, as state immunity.”
David P. Stewart
Visiting Professor of Law, Georgetown University Law Center
Member, American Bar Association Section of International Law Council
President-elect, American Branch of the International Law Association
“With chapters organized in a logical fashion to direct the reader promptly to precedents on specific issues arising under the FSIA, Sanchez’s book will serve as a valuable starting point for any research concerning the Act. The author has also carefully identified unresolved questions under the statute and judiciously appraised decisions reflecting Circuit splits, academic disagreement and the position of the Restatement (Third) of the Foreign Relations Law of the United States. In addition, the volume directs the reader to other helpful guidance when applying the FSIA (e.g., online instructions on service from the State Department’s Bureau of Consular Affairs). Also useful is the discussion of common issues arising under foreign state immunity statutes of other nations. Finally, the Index is well prepared.”
Peter D. Trooboff, Senior Counsel, Covington & Burling LLP
Former President, American Society of International Law (1990-92)
"Practitioners and scholars alike will find Mr. Sanchez's handbook an essential companion for understanding the FSIA. The book lucidly sets out the complex history of the statute and explains the often confused court cases interpreting and applying it. Mr. Sanchez has made an important contribution to the profession."
William Howard Taft IV,
Of Counsel, Fried, Frank, Harris, Shriver, & Jacobson LLP
Former Legal Adviser, U.S. Department of State (2001-05)
"Whether you defend sovereign States or sue them, Ernesto Sanchez's book should have a prominent place on your desk. It is an indispensable guide to all aspects of litigation in the U.S. courts involving foreign States and their agencies and instrumentalities. It is well written, comprehensive yet concise, and provides everything a practitioner needs to know about this highly specialized form of advocacy."
Chair, International Litigation And Arbitration Department, Foley Hoag LLP