FG HEMISPHERE v. DEMOCRATIC REPUBLIC OF CONGO

Nos. 10-7040, 10-7046.

637 F.3d 373 (2011)

FG HEMISPHERE ASSOCIATES, LLC, Appellee v. DEMOCRATIC REPUBLIC OF CONGO, Appellant Societe Nationale D'Electricite, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2011.


Attorney(s) appearing for the Case

Sharon Swingle , Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States for appellant. With her on the brief were Tony West , Assistant Attorney General, Ronald C. Machen Jr., U.S. Attorney, Douglas N. Letter , Attorney, and Harold Hongju Koh , Legal Adviser, U.S. State Department.

Jeremy C. Martin argued the cause for appellant. On the briefs were Stephen F. Malouf and Jonathan A. Nockels .

Eric A. Shumsky argued the cause for appellee FG Hemisphere Associates, LLC. With him on the brief were Bradford A. Berenson , James W. Coleman , and Angela M. Xenakis . Neil H. Koslowe entered an appearance.

Opinion for the court filed by SILBERMAN, Senior Circuit Judge.


SILBERMAN, Senior Circuit Judge:

This case, once pared down, is really less than meets the eye. To be sure, we encounter for the first time a contempt sanction imposed on a foreign sovereign in a proceeding brought under the Foreign Sovereign Immunities Act ("FSIA"). But there has been as yet no attempt to enforce the sanction (which could prove problematic).

FG Hemisphere's predecessor-in-interest (which we will refer to along with FG Hemisphere as "Hemisphere...

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