FSIA Jurisdiction (28 U.S.C. § 1330)
“The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state … as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity …”
Relationship to FSIA
§ 1330 is the jurisdictional grant paired with the Foreign Sovereign Immunities Act (FSIA) (28 U.S.C. §§ 1602–1611):
- If a foreign state qualifies for immunity under §§ 1604–1605, the court lacks § 1330 jurisdiction
- If an exception to immunity applies (§ 1605), then § 1330 provides jurisdiction
This means jurisdiction and immunity are two sides of the same coin under FSIA.
Personal Jurisdiction
§ 1330(b): personal jurisdiction exists over a foreign state in any action under § 1330(a) where service is made under 28 U.S.C. § 1608.
Verlinden B.V. v. Central Bank of Nigeria (1983): § 1330 does not violate Article III — suits against foreign sovereigns “arise under” federal law because the FSIA provides the whole body of law governing such suits.
Scope
- Covers foreign states and their agencies and instrumentalities (§ 1603 definitions)
- Jury trial is excluded in all § 1330 actions
- Amount in controversy is irrelevant