S & S MacHinery Co. v. Masinexportimport, a Romanian Corporation, and the Romanian Bank for Foreign Trade

How courts have described this case

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

• holding that “[s]tate-owned central banks indisputably are included in the § 1603(b) definition” of an agency or instrumentality
• holding that the Romanian Bank for Foreign Trade was an agency or instrumentality
• explaining that “courts ‘may not grant, by injunction, relief which they may not provide by attachment,’ for the obvious reason that ‘[t]he FSIA would become meaningless’ if the denomination of an order controlled over its substance”
• “[A] waiver of immunity from prejudgment attachment must be explicit in the common sense meaning of the term: the asserted waiver must demonstrate unambiguously the foreign state’s intention to waive its immunity from prejudgment attachment in this country.”
• “Obviously waivers of immunity from suit or from execution of judgment have no bearing upon the question of 2 Even though the precise nature of the property to be attached remains somewhat unclear, the Court finds that BB Energy has standing to invoke a Rule E(4)(f

Source: CourtListener parenthetical corpus (CC0).