CVSG in Chabad v. Russian Federation: Another Question of Foreign State Immunity
Document Type
Article
Publication Title
Transnational Litigation Blog
Publication Date
7-1-2025
Keywords
foreign sovereign immunity, Supreme Court
Disciplines
Law | Property Law and Real Estate | Supreme Court of the United States
Abstract
On June 2, 2025, the Supreme Court called for the views of the Solicitor General (“CVSG”) in Chabad v. Russian Federation. In Chabad’s petition for certiorari, the question presented is whether the Foreign Sovereign Immunities Act (FSIA)’s expropriation exception applies to a foreign state if the expropriated property—or property exchanged for it— is located outside of the United States and is owned or operated by an agency or instrumentality of the foreign state that is engaged in commercial activity in the United States. The D.C. Circuit answered no. It held that for a foreign state itself (as opposed to an agency or instrumentality), the expropriation exception to immunity applies only if the expropriated property—or property exchanged for it—is located in the United States.
Recommended Citation
Ingrid Wuerth Brunk,
CVSG in Chabad v. Russian Federation: Another Question of Foreign State Immunity Transnational Litigation Blog.
(2025)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1698