On March 5, The Federalist Society is hosting the webinar “Do Foreign States Deserve Due Process? ‘Minimum Contacts’ and the Future of International Arbitration,” where speakers will delve into the implications of Devas v. Antrix. The discussion will be led by ALI members George A. Bermann, Reporter for Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration; Ingrid Wuerth Brunk and Paul B. Stephan; Reporters for Restatement of the Law Fourth, The Foreign Relations Law of the United States, and Julian G. Ku of Hofstra University School of Law.
In Antrix, the Ninth Circuit ruled that Antrix, an Indian government-owned corporation, lacked sufficient "minimum contacts" with the U.S., leading to the dismissal of Devas’ attempt to enforce an Indian arbitration award. Devas, supported by the U.S. Department of Justice, the U.S. Chamber of Commerce, and prominent international arbitration scholars, contends that U.S. courts should enforce such awards under the Foreign Sovereign Immunities Act without considering due process protections for foreign states.
The Supreme Court's decision could have far-reaching effects on U.S. treaty obligations, the international commercial arbitration system, and litigation against foreign states, including cases related to state-sponsored terrorism.
For more details and to register, please visit the event page.