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Petition of the day

Jan 20, 2017

The petition of the day is:

Indian Institute of Technology, Kharagpur v. Farhang

16-692

Issues: (1) Whether a choice-of-law provision in a foreign state’s contract automatically waives sovereign immunity under 28 U.S.C. § 1605(a)(1), regardless of the contract’s other terms indicating an intent not to waive immunity; and (2) whether, given the requirement that any waiver of foreign sovereign immunity be narrowly construed, an implied waiver of immunity in one agreement between the parties gives a court license to extend the waiver to claims not premised on that agreement.

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