No. 20-117

Jairo Sequeira v. Republic of Nicaragua, et al.

Lower Court: Ninth Circuit
Docketed: 2020-08-05
Status: Denied
Type: Paid
Response Waived
Tags: contract-validity direct-effect direct-effect-doctrine explicit-waiver foreign-law foreign-sovereign-immunities-act jurisdiction jurisdiction-waiver property-rights
Latest Conference: 2020-09-29
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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

Docket Entries

2020-10-05
Petition DENIED.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Nicaragua, et al. to respond filed.
2020-07-16
Petition for a writ of certiorari filed. (Response due September 4, 2020)

Attorneys

Jairo Sequeira
Jairo Sequeria — Petitioner
Nicaragua, et al.
Andrew Zane SchwartzFoley Hoag LLP, Respondent