Suing a foreign government in U.S. court starts with one statute: the Foreign Sovereign Immunities Act. Transnational Matters PLLC litigates FSIA cases as part of our international litigation practice — and because we also handle investor-state arbitration, we see both roads against sovereigns.
What the Foreign Sovereign Immunities Act Does
The FSIA (28 U.S.C. §§ 1602–1611) makes foreign states presumptively immune from U.S. suits — then carves exceptions. If your case fits an exception, U.S. courts have jurisdiction; if not, the case ends. Consequently, FSIA analysis comes before everything else.
The Exceptions That Win Cases
Three matter most in practice. First, the commercial activity exception: states acting like businesses lose immunity for that conduct. Second, the arbitration exception, which lets courts enforce arbitration agreements and awards against states — the bridge between our arbitration and litigation work. Third, the expropriation exception for property taken in violation of international law. In addition, waiver and a few tort-based exceptions round out the list.
How We Litigate Foreign Sovereign Immunities Act Cases
We plead into the exceptions from day one, fight the immunity motions that always come, and plan for the second battle most plaintiffs forget: execution. Immunity from suit and immunity from attachment are different shields. Therefore, we map attachable commercial assets early — because a judgment against a sovereign is only the halfway point.
FAQ: Foreign Sovereign Immunities Act
Can I sue a state-owned company under the FSIA?
Often, yes. State-owned enterprises are covered by the Act, and their commercial conduct commonly fits the exceptions — the analysis is fact-intensive.
Does the Foreign Sovereign Immunities Act apply to arbitration awards?
Yes. In fact, the arbitration exception is one of the most reliable routes: U.S. courts regularly confirm ICSID and New York Convention awards against foreign states.
What assets can be seized from a foreign state?
Generally, only property used for commercial activity in the U.S. — central bank and military assets carry special protection. As a result, asset strategy decides recoveries.
Conclusion
Sovereigns can be sued — through the right door, with an execution plan. Therefore, if a foreign state or state-owned entity harmed your business, speak with Foreign Sovereign Immunities Act counsel before you file anything. Contact Transnational Matters or call (305) 417-9866.