Foreign Sovereign Immunities Act: Hearing Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, First Session, on H.R. 1149, H.R. 1689, and H.R. 1888 ... May 28, 1987, 4. sējumsU.S. Government Printing Office, 1987 - 217 lappuses |
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action admiralty agency or instrumentality agreement to arbitrate airline amend the Foreign American Bar Association appear applied arbitration agreements arrest BERMAN bill BUFFONE Chairman claimant commercial activity commercial assets commercial property Committee CONG CONGRESS LIBRARY CONGRESS THE LIBRARY contract decision Department diplomatic disputes District Court doctrine enforcement of arbitral enforcement of foreign entity execution of judgment F.Supp Feldman foreign arbitral awards foreign governments foreign relations Foreign Sovereign Immunities FSIA GOVERNMENTAL RELATIONS hearing intent international law JUDICIARY jurisdiction justice LAN Chile LAW AND GOVERNMENTAL Letelier LIAMCO LIBRARY OF CONGRE LIBRARY OF CONGRESS litigation Maritime Law Maritime Law Association maritime lien ment MORRISON nexus requirement Orlando Letelier personam prejudgment attachment problems question remedy Republic of Chile restrictive theory Second Circuit Section Sovereign Immunities Act state-sponsored terrorism statement statute stevedore SUBCOMMITTEE ON ADMINISTRATIVE suit testimony Thank tion tort U.S. courts United States Code VERVILLE York Convention
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174. lappuse - A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which a suit in admiralty is brought to enforce a maritime lien against a vessel or cargo of the foreign state...
156. lappuse - I, shall be held terminated and shall thereafter attach, in like amount and in accordance with their respective priorities, to the proceeds of the sale ; except that the preferred mortgage lien shall have priority over all claims against the vessel, except (1) preferred maritime liens, and (2) expenses mid fees allowed and costs taxed by the court.
156. lappuse - Upon the sale of any mortgaged vessel by order of a district court of the United States in any suit in rem in admiralty for the enforcement of a preferred mortgage...
158. lappuse - Whenever notice is delivered under subsection (b)(l) of this section, the maritime lien shall thereafter be deemed to be an in personam claim against the foreign state which at that time owns the vessel or cargo Involved: Provided, That a court may not award judgment against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime lien arose, such value to be determined as of the time notice is served under subsection (b)(l...
155. lappuse - This section shall not be construed, in the case of a mortgage covering, in addition to vessels, realty or personalty other than vessels, or both, to authorize the enforcement by suit in rem in admiralty of the rights of the mortgagee in respect to such realty or personalty other than vessels.
191. lappuse - Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) the subject matter of the difference is not capable of settlement by arbitration under the law of that country; or (b) the recognition or enforcement of the award would be contrary to the public policy of that country.
115. lappuse - First National City Bank v. Banco Nacional de Cuba, 406 US 759, 762 (1972). But the scope of the setoff exception to the general rule in respect of the availability of the "act of state
155. lappuse - ... bring suit in personam in admiralty in a district court of the United States, against the mortgagor for the amount of the outstanding mortgage indebtedness secured by such vessel or any deficiency in the full payment thereof.
99. lappuse - ... that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States...
150. lappuse - That— (1) notice of the suit is given by delivery of a copy of the summons and of the complaint to the person, or his agent, having possession of the vessel or cargo against which the maritime lien is asserted; but such notice shall not be deemed to have been delivered, nor may it thereafter be delivered, if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit— unless the party was unaware that the vessel or cargo of a foreign state was involved,...