Alberti and Another v. Empresa Nicaraguense de la Carne and Another

Abstract

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Restrictive theory of immunity — Exception to immunity in cases of expropriation — Claim seeking compensation from Nicaragua for expropriated property — Claimant owing debt to unrelated company owned by Nicaragua — Absence of legal proceedings to recover debt — Whether expropriation claim within counterclaim exception — Whether expropriation claim within commercial activity exception — Procedure — Requirement that service be on head of Ministry of Foreign Affairs — Whether service on ambassador of foreign State in the United States sufficient — United States Foreign Sovereign Immunities Act 1976 — The law of the United States