Section 1606 - Extent of liability

1 Analyses of this statute by attorneys

  1. Guelph Treasure Claims to Go Forward

    Sullivan & WorcesterJune 20, 2019

    That argument does not accord with the history and text of the FSIA, however, as last year’s ruling explained:Moreover, far from demonstrating that the FSIA leaves room for an exhaustion requirement, the very FSIA provision that Germany relies on, section 1606, forecloses that possibility. By its terms, that provision permits only defenses, such as forum non conveniens, that are equally available to “private individual[s],” 28 U.S.C. § 1606. Obviously a “private individual” cannot invoke a “sovereign’s right to resolve disputes against it.”