FSIA is the exclusive framework for obtaining jurisdiction over a foreign state in U.S. courts, and foreign sovereigns remain presumptively immune unless a statutory exception applies. Among the most consequential exceptions for modern cross-border disputes are the expropriation exception and the arbitration exception, as they sit at the intersection of sovereign acts, treaty obligations, and enforcement risk.
Authors:
Diana Tsutieva,
Nikita R. Kulkarni