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Argentina: HACER’s Amicus Brief Filed with U.S. Supreme Court

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USSupremeCourtOn Wednesday, April 2, 2014, HACER submitted an Amicus brief to the U.S. Supreme Court in support of NML Capital, Ltd. petition for a writ of certiorari.

Given the importance of the Supreme Court case of Argentina vs. NML Capital not only for Argentina, but also for the countries in the region which have higher respect for contracts, HACER intends to focus the Supreme Court’s attention on the importance to other countries of a proper interpretation of the Foreign Sovereign Immunities Act.

As we note in our brief: “The text of the Foreign Sovereign Immunities Act (FSIA) presumes the availability of post-judgment discovery of Argentina’s assets, directed at least to third parties. The text of the FSIA is not as opaque as some believe. Employing a series of traditional, but often ignored, canons of construction demonstrates that the correct interpretation of the FSIA permits the post-judgment discovery order in this case. Traditional statutory interpretation, as applied to the FSIA, involves comparing various sections of the Act and viewing their relationships through the lens of several canons.

Argentina’s claim that the FSIA does not authorize U.S. courts to order discovery from third parties requests this Court to create common law, rather than to engage in statutory interpretation. Argentina’s argument claiming third-party immunity from discovery as to Argentina’s property rests on fallacies that contradict the text. The consequences of Argentina’s position would be to cloak private parties with sovereign immunity from responding to legitimate post-judgment discovery requests. Argentina, moreover, signed an explicit waiver of its immunity from post-judgment attachment and execution, another text it wishes to avoid.”

Click here to read the full text of the Amicus Brief

Source: HACER

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  1. […] HACER’s Amicus Brief Filed with U.S. Supreme Court […]

    Posted by The Easter Week Carnival of Latin America and the Caribbean | Fausta's Blog | April 21, 2014, 10:20 am

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