In re Arbitration Between: Trans Chemical Limited & China National Machinery Import & Export Corporation
United States District Court for the Southern District of Texas
978 F. Supp. 266 (1997)
Relevant factsFree
Trans Chemical Ltd. (plaintiff) sued China National Machinery Import & Export Corporation (CNMC) (defendant), a Chinese-law entity, in federal court to enforce an arbitration award under the New York Convention; CNMC argued it wasn't an "agency or instrumentality of a foreign state" under the Foreign Sovereign Immunities Act, invoking a test asking whether it performed a government function or was actually controlled by the Chinese government.
IssueFree
Whether, under the Foreign Sovereign Immunities Act, an agency or instrumentality of a foreign state is immune from suit in U.S. court unless the suit falls within an enumerated statutory exception.