Libra Bank Ltd. v. Bango Nacional de Costa Rica

Abstract

States as international persons — In general — Sovereignty and independence — Waiver of rights — Sovereign immunity from pre-judgment attachment — Exception of explicit waiver — Requirements and meaning of — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — Foreign States — Instrumentality of government — Prejudgment attachment of assets — Sovereign immunity — Exception of explicit waiver of immunity — Foreign Sovereign Immunities Act 1976, Section 1610(d)(1) — Whether words “prejudgment attachment” necessary as operative formula for waiver — Meaning of term “explicit” — Intention of contractual parties — The law of the United States