Petition of the day

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.