On August 14, 2009, the United States Court of Appeals for the Second Circuit affirmed, in Compania Del Bajo Caroni, C.A. v. Bolivarian Republic of Venezuela, docket number 08-2706, the decision of the District Court for the Southern District of New York, dismissing the plaintiff's claim. The plaintiff sued the foreign state, but the District Court repelled its motions due to lack of subject matter jurisdiction.

Even though foreign states enjoy protection under FSIA, the court determines whether subject matter jurisdiction exists or may be barred by the FSIA. The courts enjoy discretion in determining the scope of any judicial discovery that may be necessary, as long as they act circumspectly and only to verify allegations of specific facts crucial to an immunity determination, the court explained. -- Lucyne Ghazarian, law student, international intern, Berliner, Corcoran & Rowe, LLP, Washington, DC.