Listen "CC/Devas (Mauritius) Ltd. v. Antrix Corp."
Episode Synopsis
In this case, the court considered this issue: Must plaintiffs prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act?The case was decided on June 5, 2025.The Supreme Court ruled that the FSIA itself provides the sole basis for asserting personal jurisdiction over foreign states and their instrumentalities, without the need to establish "minimum contacts" under the Fifth Amendment's Due Process Clause. The Court emphasized that the FSIA's provisions govern the extent to which foreign states can be sued in U.S. courts, and that the statute's specific rules supersede general constitutional principles regarding personal jurisdiction.This decision clarifies that when a foreign state or its agency is subject to suit under the FSIA, the standard for personal jurisdiction is determined by the FSIA's provisions, not by the constitutional "minimum contacts" test typically applied in domestic cases.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.
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