Second Circuit – Foreign Sovereign Immunities Act: Aenergy, S.A. v. Republic of Angola

United States Court of Appeals for the Second Circuit

Foreign Sovereign Immunities Act

Forum non conveniens

Aenergy, S.A. v. Republic of Angola

21-1510-cv(L)

Judges Cabranes, Lynch, and Nardini

Background: The plaintiffs commenced actions against various government entities plus General Electric alleging that the defendant wrongfully cancelled the plaintiff’s power plant contracts and seized its related property in violation of state and international law. It further alleged that GE interfered with its contracts and prospective business relations in violation of state law. The plaintiffs appealed from the dismissal of the complaint on forum non conveniens grounds.

Ruling: The Second Circuit affirmed. The court initially held that the principles of forum non conveniens applies to suits brought pursuant to exceptions to the Foreign Sovereign Immunities Act. The court also found that there was no abuse of discretion in dismissing the complaint.

Vincent Levy, of Holwell Shuster & Goldberg, for the plaintiffs-appellants; Michael D. Ehrenstein, of Ehrenstein Sager Coral Gables; and Thomas H. Dupree, of Gibson, Dunn & Crutcher, for the defendants-appellees.