Menendez, et al. v. saks and Company, et al.

Abstract

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation — Expropriation of property of Cuban nationals by Republic of Cuba — Debts located in United States — Whether United States courts will give effect to purported expropriation of such debts — Exchange control laws — Territorial limits of — Whether United States courts will give effect to exchange control laws of another State — Relevance of State's participation in International Monetary Fund Agreement — The law of the United States

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State doctrine — Republic of Cuba — Confiscation of property of Cuban nationals — Debt owed to Cuban national — Debt situated in New York — Whether United States courts will give effect to purported confiscation of debt — Whether repudiation of contractual or quasi-contractual obligation an act of State — Whether formal governmental act required for act of State — Refusal to honour quasi-contractual obligation as act of State — Hickenlooper Amendment — Whether applicable to repudiation of contractual or quasi-contractual obligations — Rule in First National City Bank of New York v. Banco Naccional de Cuba — Exception to act of State doctrine in respect of counterclaims in cases where Executive indicates doctrine need not be applied — Whether exception limited to setoffs and counterclaims not exceeding amount claimed by plaintiff — Currency and exchange controls — Whether having extraterritorial effect — Whether United States courts will enforce exchange control laws — Effect of Republic of Cuba’s withdrawal from International Monetary Fund Agreement — The law of the United States