Sovereign-Centered Perspective
The world of international law has seen significant developments in the realm of sovereign immunity in 2025. Here, we delve into the latest updates and recent victories that have shaped this complex and evolving area of law.
Major Judicial Developments
The U.S. Supreme Court has issued several landmark rulings this year, providing clarity on personal jurisdiction under the Foreign Sovereign Immunities Act (FSIA). In CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., the Court ruled that federal courts do not need to perform a separate "minimum contacts" analysis under the Due Process Clause to exercise personal jurisdiction over a foreign sovereign. Instead, personal jurisdiction exists if a proper FSIA exception applies and service of process is conducted under 28 U.S.C. § 1608 [2].
The Court is also currently considering cases involving sovereign immunity defenses for entities created by states but sued in foreign states, which could clarify or redefine how immunity applies beyond traditional sovereigns to state-created instrumentalities or entities [4].
Limits on Immunity for State-created Entities and Contractors
Recent rulings indicate courts are scrutinizing closely claims by private contractors acting on behalf of the government for sovereign immunity for alleged illegal acts, such as forced labor. Cases such as GEO Group v. Menocal highlight a trend toward limiting immunity shields for state contractors in certain contexts [3].
Procedural Rigor in Immunity Cases
Recent D.C. Circuit decisions emphasize that district courts must independently determine jurisdictional facts necessary under FSIA before asserting jurisdiction over foreign states, reinforcing procedural rigor in immunity cases. Additionally, courts have clarified that exceptions for FSIA related to arbitration do not automatically extend to enforcement of foreign court judgments, narrowing enforcement mechanisms in some respects [5].
Notable Legal Victories
The Republic of Mozambique won a multibillion-dollar corruption case against Lebanese shipbuilding group, Privinvest, in the English High Court on 31 July 2024. Similarly, the Government of Georgia defeated an ICC arbitration claim of US$ 1.5 billion over its termination of an investment agreement for the development of the Anaklia Port on 29 July 2024 [1].
In a significant victory for the Republic of India, the Commercial Court held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards [6]. On 30 July 2025, an ICSID tribunal unanimously dismissed all claims brought by Dutch businessman Bob Meijer against Georgia under the Georgia-Netherlands BIT [7].
Expert Insights and Guides
White & Case, a leading global law firm, has been at the forefront of these developments. The firm's partners Nicole Erb and Claire DeLelle, along with Counsel Celia McLaughlin and Danielle Tarin, were contributing editors for the eighth edition of the Lexology Panoramic: Sovereign Immunity 2025 guide [8]. This guide provides timely updates and serves as a user-friendly reference guide for anyone facing questions of sovereign immunity.
Ongoing Developments
The European Commission has led a concerted effort to coordinate and bolster European defence spending, with an estimated EUR 500 billion in defence investment EU states requiring over the next decade [9]. Ukraine successfully concluded the restructuring of approximately US$20.5 billion of international bonds and sovereign-guaranteed debt obligations on 3 September, 2024 [10].
The ongoing war in Ukraine and the US's current position under President Trump have coalesced to give rise to what Commission President Ursula von der Leyen has called a "once-in-a-generation moment" for Europe [11]. As the world navigates these complex geopolitical challenges, the importance of understanding sovereign immunity and its implications continues to grow.
[1] The Republic of Mozambique wins multibillion-dollar corruption case against Lebanese shipbuilding group, Privinvest, in the English High Court. (31 July 2024). [2] U.S. Supreme Court Clarifications on Personal Jurisdiction under FSIA. (June 5, 2025). [3] Supreme Court Weighing Sovereign Immunity for “State-created Entities” Sued Abroad. (Undated). [4] Derivative Sovereign Immunity Claims by Government Contractors. (Undated). [5] Lower Courts Applying FSIA More Strictly on Jurisdictional Facts and Enforcement. (Undated). [6] In a landmark victory for the Republic of India, the Commercial Court held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards. (Undated). [7] On 30 July 2025, an ICSID tribunal unanimously dismissed all claims brought by Dutch businessman Bob Meijer against Georgia under the Georgia-Netherlands BIT. (30 July 2025). [8] White & Case partners Nicole Erb and Claire DeLelle, along with Counsel Celia McLaughlin and Danielle Tarin, were contributing editors for the eighth edition of the Lexology Panoramic: Sovereign Immunity 2025 guide. (Undated). [9] The European Commission leads concerted effort to coordinate and bolster European defence spending. (Undated). [10] Ukraine successfully concludes the restructuring of approximately US$20.5 billion of international bonds and sovereign-guaranteed debt obligations. (3 September, 2024). [11] Ursula von der Leyen: The ongoing war in Ukraine and the US's current position under President Trump have coalesced to give rise to what Commission President Ursula von der Leyen has called a "once-in-a-generation moment" for Europe. (Undated).
- The latest updates in the international law realm, particularly sovereign immunity, have been illuminated by White & Case, an esteemed legal services provider.
- Whitecase's counsel, partners, and other legal professionals have provided valuable insights in the eighth edition of the Lexology Panoramic: Sovereign Immunity 2025 guide.
- The new victories in sovereign immunity cases, such as the Republic of Mozambique's win against Privinvest, have been significant events in the global legal arena.
- The U.S. Supreme Court's landmark rulings on personal jurisdiction under the Foreign Sovereign Immunities Act (FSIA) are shaping the understanding of sovereign immunity in 2025.
- The lingering questions about sovereign immunity for state-created entities and contractors are under scrutiny, with several key court cases pending on this matter.
- The limits on immunity for state contractors are becoming increasingly defined, as reflected in recent cases like GEO Group v. Menocal.
- Procedural rigor in immunity cases has been emphasized, with district courts required to independently determine jurisdictional facts under FSIA before asserting jurisdiction over foreign states.
- The Supreme Court is currently considering cases that could clarify or redefine how immunity applies beyond traditional sovereigns to state-created instrumentalities or entities.
- The importance of understanding sovereign immunity has grown in the context of complex geopolitical challenges, such as the war in Ukraine and US foreign policy under President Trump.
- Significant developments in the field of international law, particularly in sovereign immunity, can be found and understood through reputable legal counsel like those at Whitecase LLP.
