Petition of the day
By Kate Howard
on Jan 20, 2017
The petition of the day is:
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.
Posted in Cases in the Pipeline
Cases: Indian Institute of Technology, Kharagpur v. Farhang
Recommended Citation:
Kate Howard,
Petition of the day,
SCOTUSblog (Jan. 20, 2017, 12:00 AM),
https://www.scotusblog.com/2017/01/petitions-of-the-day-36/