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“The (Hague) Convention provides simple and certain means by which to serve process on a foreign national. Those who enchew its procedures risk discovering that the forum’s internal law required transmittal of documents for service abroad and that the Convention provided the exclusive means of valid service. In addition, parties that comply with the Convention ultimately may find it easier to enforce their judgments abroad.”
- Volkswagen V Schlunk, 486, U.S.694
Foreign Sovereign Immunities Act. 28 USCA Sec. 1601: When suing a foreign government or a company owned by a foreign government, federal statutes mandate an exclusive service of process procedure and sets out a complex multi step set of procedures that must be followed precisely. This federal statute supersedes all other state or federal service of process procedures.
The Foreign Sovereign Immunities Act clarifies the circumstances in which a foreign state will be immune from suit and is a federal long-arm statute where jurisdiction can be obtained over a foreign state, political subdivision, agency or instrumentality, provided that service of process is effected in compliance.
The Foreign Sovereign Immunities Act of 1976 (FSIA) is the primary means for bringing a lawsuit against a foreign sovereign or its agencies and instrumentalities. The act establishes certain procedures that must be followed when suing a foreign sovereign and attaching property for international debt recovery purposes.
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