Aquamar S.A. v. Del Monte Fresh Produce N.A., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that only foreign sovereign has standing to assert its right to a bench trial in maritime cases
• holding “that, under the FSIA, courts should assume that an ambassador possesses the authority to appear before them and waive sovereign immunity absent compelling evidence making it ‘obvious’ that he or she does not”
• finding no implicit waiver despite foreign nation’s “participation in the litigation, such as removing the case to federal court, filing statements of position, and joining [party’s] forum non conveniens motion”
• “[p]arties other than a foreign sovereign ordinarily lack standing to raise the defense of sovereign immunity” but the court may address the issue independently
• “Although the United States is not a party to the Vienna Convention, it regards the substantive provisions of the Vienna Convention as codifying the international law of treaties.”
• “under the FSIA, courts should assume that an ambassador possesses the authority to appear before them and waive sovereign immunity absent compelling evidence making it ‘obvious’ that he or she does not.”

Source: CourtListener parenthetical corpus (CC0).