Oliver Williams, et al. v. The National Gallery, London, et al.

The Foreign Sovereign Immunities Act (“FSIA”) provides the sole basis for the exercise of jurisdiction over foreign sovereigns, and their instrumentalities, in the courts of this country. Pursuant to the FSIA, a foreign state shall be immune from jurisdiction of the United States and the States subject to certain specific exceptions. 28 U.S.C. § 1604. One significant exception provides, in relevant part, that “A Foreign State shall not be immune from the jurisdiction of the United States or the States in any case… in which rights in property taken in violation of international law are in issue….28 U.S.C. § 1605(a)(3) (“The Expropriation Exception”)”. One question is presented: Is a sovereign’s, or its instrumentality’s, refusal to return property wrongfully held a taking of rights in property in violation of international law affording subject matter jurisdiction under 28 U.S.C. § 1605(a)(3) in instances where the sovereign was not involved in the initial, physical taking of the property but is in alleged wrongful possession of the property and refuses -after demand- to return the property?