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Foreign Cultural Exchange Jurisdictional Immunity Clarification Act: House Votes to Amend FSIA to Exclude Artwork Loan as Basis for Jurisdiction

Posted by Nicholas O'Donnell on March 22, 2012 at 9:15 AM

The House of Representatives approved the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act on March 19, 2012, to remove the display of a work of art in the United States as basis to sue a foreign sovereign here. The law touches on important distinctions between immunity from suit—when a party cannot be sued at all—from immunity from seizure—when a particular object or asset cannot be seized.

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Topics: Legislation, Immunity from Seizure, FSIA, Restitution, Senate Bill 2212, World War II, Foreign Sovereign Immunities, House of Representatives, Foreign Cultural Exchange Jurisdictional Immunity, State Department

Russian Art Embargo News: Chabad Negotiations Over Russian Library Fail, Renewed Request for Contempt Sought

Posted by Nicholas O'Donnell on March 7, 2012 at 4:38 AM

After months of inactivity and intimations of a possible settlement, the Chabad plaintiffs seeking the return of the Schneerson library have had enough, and have renewed their request to the District Court to sanction the defendants who have not complied with prior orders to return the library.

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Topics: Russian art embargo, sanctions, Collections, FSIA, Restitution, World War II, Foreign Sovereign Immunities, Chabad

The 2nd Circuit Pulls Back on the Reach of the FSIA, Upholds Dismissal of Claim Against Switzerland for Van Gogh Drawing

Posted by Nicholas O'Donnell on December 13, 2011 at 10:37 AM

After recent expansions of the scope of the Foreign Sovereign Immunities Act, the 2nd Circuit Court of Appeals has narrowed that statute’s route of access to the courthouse again. The 2nd Circuit affirmed on November 30, 2011 the District Court’s March 11, 2011 dismissal of Andrew Orkin’s claims to recover a Vincent Van Gogh drawing against the Swiss Confederation, the Oskar Reinhart Foundation, and the Oskar Reinhart Collection.

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Topics: Von Saher, Margarethe Mauthner, Germany, Cassirer, Vincent Van Gogh, FSIA, Restitution, World War II, Foreign Sovereign Immunities, Washington Principles

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About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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