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· 2/25/2000

Transatlantic Shiffahrtskontor 1 Gmbh v. Shanghai Foreign Trade Corporation

Citations

  • 204 F.3d 384

How courts have described this case

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

  • distinguishing Seetransport as a case involving a “direct appeal of [an] arbitral award” and therefore illustrating the narrowness of the waiver exception
  • noting that “it is not enough to find that the defendant committed some act ‘in connection with a commercial activity of the foreign state elsewhere and that act cause[d] a direct effect in the United States.’ We must also find that the plaintiffs suit in U.S. courts is ‘based upon’ that act.”
  • collateral order doctrine allows sovereign’s immediate appeal of order denying motion to dismiss under FSIA
  • defining “based upon” in the context of the FSIA
  • comparing the FSIA’s causation requirements with those at common law

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Calabresi, Sotomayor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.