| Republic of Argentina v. NML Capital, Ltd. | |
|---|---|
 | |
| Argued April 21, 2014 Decided June 16, 2014 | |
| Full case name | Republic of Argentina v. NML Capital, Ltd. |
| Docket no. | 12-842 |
| Citations | 573 U.S. 134 (more) 134 S. Ct. 2250; 189 L. Ed. 2d 234 |
| Argument | Oral argument |
| Case history | |
| Prior | EM Ltd. v. Republic of Argentina, 695 F.3d 201 (2d Cir. 2012) |
| Holding | |
| No provision in the FSIA immunizes a foreign-sovereign judgment debtor from post judgment discovery of information concerning its extraterritorial assets. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Roberts, Kennedy, Thomas, Breyer, Alito, Kagan |
| Dissent | Ginsburg |
| Sotomayor took no part in the consideration or decision of the case. | |
| Laws applied | |
| Foreign Sovereign Immunities Act | |
Republic of Argentina v. NML Capital, Ltd., 573 U.S. 134 (2014), is a U.S. Supreme Court opinion regarding foreign sovereign immunity. After defaulting on its debt and losing a federal collection action, Argentina claimed that its foreign assets were immune from discovery. The Court found that no such immunity existed.[1][2]
On the same day as it announced this opinion the Supreme Court denied Argentina's appeal of a court order prohibiting Argentina from giving preference to certain creditors.[3][4] This was the third case involving Argentina that term, with BG Group Plc v. Republic of Argentina involving Argentina's refusal to obey a neutral arbitrator's order[5] and Daimler AG v. Bauman involving atrocities committed by the Argentinian military junta during its Dirty War.[6][7]
- ^ Republic of Argentina v. NML Capital, Ltd., 573 U.S. 134 (2014).
- ^ The Supreme Court, 2013 Term - Leading Cases, 128 Harv. L. Rev. 381 (2014)
- ^ NML Capital, Ltd. v. Republic of Argentina, 727 F.3d 230 (2d Cir. 2013).
- ^ "The Argentine bond saga, made simple". SCOTUSblog. June 11, 2014. Retrieved May 24, 2023.
- ^ BG Group Plc v. Republic of Argentina, 572 U.S. 25 (2014).
- ^ Daimler AG v. Bauman, No. 11-965, 571 U.S. 117 (2014).
- ^ hlr (November 10, 2014). "Daimler AG v. Bauman". Harvard Law Review. Retrieved May 24, 2023.