Republic of Argentina v. Attestor Master Value Fund LP, et al.
FirstAmendment Securities JusticiabilityDoctri Jurisdiction
Whether courts should apply state or federal law to determine property location for foreign sovereign immunity under the FSIA, and whether property connected to U.S. commercial transactions is subject to execution
QUESTIONS PRESENTED (1) Whether, when evaluating if property of a foreign sovereign is immune from execution under the Foreign Sovereign Immunities Act of 1976 (““FSIA”), courts should apply state law to determine the location of the property, as held by the Second and Ninth Circuits, or a uniform federal standard, as held by the Fifth Circuit? (2) Whether property of a foreign sovereign was “used for commercial activity in the United States” as contemplated by Section 1610 of the FSIA if the property is only connected to a broader transaction that includes U.S. components? (3) Whether property of a foreign sovereign is subject to execution under Section 1610 of the FSIA if the only commercial use in the United States is aberrational or hypothetical?