Jairo Sequeira v. Republic of Nicaragua, et al.
1. Whether 1605(a)(1) of the FSIA waiver exception requires courts to determine jurisdiction based on whether or not a contract contains an explicit waiver prior to determining the validity of the contract by interpreting foreign law, and, if not, would the ruling on validity first prevent a party from finding jurisdiction elsewhere.
2. Whether a foreign state's taking of a U.S. construction company and the property it is on, for the purpose of building houses to sell and rent, which leads to the non-payment of dividends in the U.S., meets the direct effect doctrine of the FSIA 1605(a)(2) clause 3.
3. Is a written contractual promise by a foreign state to make payments in the U.S. in exchange for property in the foreign state considered property rights present in the U.S. in accordance with §1605(a)(3) clause one of the FSIA illegal taking exception?
Whether 1605(a)(1) of the FSIA waiver exception requires courts to determine jurisdiction based on whether or not a contract contains an explicit waiver prior to determining the validity of the contract by interpreting foreign law