Zernicek v. Brown and Root Inc and Others

Abstract

State immunity — Jurisdictional immunity — Commercial activity exception — State corporation — Requirement of direct effect in the United States — Injuries inflicted abroad causing suffering in the United States — Whether constituting a direct effect — Waiver — Forum selection clauses — Incorporation by reference — Contract between general contractor and subcontractor selecting United States as forum — Whether forum selection clause incorporated by reference to earlier contract between State corporation and general contractor — United States Foreign Sovereign Immunities Act 1976 — The law of the United States