Diag Human S.E. v. Czech Republic - Ministry of H

In reversing the district court’s dismissal for lack of jurisdiction, the majority discerns error both in the district court’s determination that the dispute did not come within the New York Convention and that the Czech Republic had not otherwise waived its sovereign immunity under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. § 1605(a)(1). See Maj. Op. at 134. In so concluding, the majority holds that Diag Human and the Czech Republic had a commercial legal relationship at the time this dispute arose, thereby bringing the arbitration award at issue within the scope of the FSIA…