United States Second Circuit

In this action brought by plaintiff Export-Import Bank of the Republic of China to execute on a monetary judgment in its favor against defendant Grenada, denial of attachment and denial of certain discovery requested by plaintiff in relation to its attachment and execution efforts is: 1) dismissed as to the first set of funds, as the court lacks jurisdiction to consider whether it is subject to attachment; 2) affirmed as to the second set of funds, where the funds are not "used for commercial activity in the United States" within the meaning of the Foreign Sovereign Immunities Act (FSIA); and 3) vacated and remanded as to the denial of post-judgment discovery, where, in light of SCOTUS's decision in Republic of Argentina v. NML Capital, Ltd., there are no FSIA-based restrictions on discovery related to a foreign sovereign's assets in the US.

Appellate Information

• Decided 09/12/2014
• Published 09/12/2014

Judges

• Carney

Court

• United States Second Circuit

Counsel