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Gould Inc v. Pechiney Ugine Kuhlmann and Trefimetaux
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Over foreign States — Principles on which one State may assert jurisdiction in respect of another — United States Foreign Sovereign Immunities Act 1976 — Act conferring jurisdiction on United States courts over foreign States in civil proceedings — Whether Act the sole basis for exercise of jurisdiction over foreign States — Whether United States courts having jurisdiction over alleged criminal activities of foreign States — Racketeer-influenced and Corrupt Organizations Act — Requirement that racketeering activities under Act be based on commission of criminal offences — Whether State corporations subject to provisions of Act
State immunity — Jurisdictional immunity — whether presumption of immunity — State corporation — Sale of corporation to private company — Whether corporation considered entity of foreign State for purposes of claiming immunity in regard to acts committed prior to its sale — Commercial activity exception — Requirement that cause of action arising out of commercial activity carried on in the United States — Whether sufficent that corporation doing business in the United States — Whether inference that cause of action arising out of commercial activity sufficient — Requirement that commercial activity having substantial connection with the United States — Acquisition by State corporation of proprietary information belonging to United States company — Whether constituting commercial activity having a substantial connection with United States — Requirement of direct effect in the United States — Improper use abroad by State corporation of proprietary information belonging to United States company — Whether economic injury caused to United States company constituting a direct effect — The United States Foreign Sovereign Immunities Act 1976 — The law of the United States
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- © Cambridge University Press 1994