Petition of the day
The petition of the day is:
Issue: Whether the D.C. Circuit erred in holding that there is Foreign Sovereign Immunities Act (FSIA) jurisdiction over this suit to confirm an arbitral award, upon concluding that: (1) federal courts may not independently determine whether there is an agreement to arbitrate, but rather must defer to foreign arbitrators on this core FSIA jurisdictional fact; and (2) the party invoking federal court jurisdiction bears only a burden of production as to the facts supporting jurisdiction, while the foreign state bears the ultimate burden of persuasion as to the absence of those facts.
Recommended Citation: John Ehrett, Petition of the day, SCOTUSblog (Mar. 22, 2016, 11:00 PM), http://www.scotusblog.com/2016/03/petition-of-the-day-908/