Rex v. Cia. Pervana De Vapores, S. A.

I agree with the majority’s conclusion that when the Foreign Sovereign Immunities Act is fairly read, it must be construed as providing the sole basis of federal jurisdiction in actions against foreign states and their instrumentalities, as defined in the statute. Therefore, I agree that we cannot avoid the constitutional issue presented by the elimination of the right to jury trial in *70actions against corporations which are conducting the commercial enterprises of foreign states.

I dissent from the holding of the majority that a suit for damages against a corporation owned by a foreign state…