28 U.S.C. § 1607 — Counterclaims

FEDERAL · 28 U.S.C. · Chapter 97

Counterclaims

28 U.S.C. § 1607

Title28 — Judiciary and Judicial Procedure

Chapter97 — JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

This text of 28 U.S.C. § 1607 (Counterclaims) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

28 U.S.C. § 1607.

Text

In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—

(a)for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or

(b)arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or

(c)to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

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In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
(a) for which a foreign state would not be entitled to immunity under section 1605 or 1605A of this chapter had such claim been brought in a separate action against the foreign state; or
(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.

Source Credit

History

(Added Pub. L. 94–583, §4(a), Oct. 21, 1976, 90 Stat. 2894; amended Pub. L. 110–181, div. A, title X, §1083(b)(2), Jan. 28, 2008, 122 Stat. 341.)

Editorial Notes

Editorial Notes

Amendments
2008—Subsec. (a). Pub. L. 110–181 inserted "or 1605A" after "section 1605".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment
For applicability of amendments by Pub. L. 110–181 to pending cases, see section 1083(c) of Pub. L. 110–181, set out as an Effective Date note under section 1605A of this title.

Effective Date
Section effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as a note under section 1602 of this title.

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Bluebook (online)

28 U.S.C. § 1607, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1607.