Republic of Ecuador v. Chevron Corp.

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.