This Note will focus on the proposed amendment contained in S.1071 that would strengthen prejudgment attachment of foreign assets. Part I will discuss the doctrine of sovereign immunity as it has developed in this country, and its present status in the field of United States international litigation. Part II of the Note will examine the prejudgment attachment remedy in light of these sovereign immunity developments. Part III will analyze the proposed amendment dealing with prejudgment attachment. Finally, the Note will conclude that the United States Congress should adopt the proposed judgment provision. By doing so, Congress would remove a formidable obstacle from international litigation, and thus enable many private claimants to ensure a meaningful discovery.
Stephen G. Foresta,
Prejudgment Attachment of Foreign Sovereign Assets Under the Proposed Amendments to the Foreign Sovereignty Immunities Act,
9 Fordham Int'l L.J. 295
Available at: https://ir.lawnet.fordham.edu/ilj/vol9/iss2/4