Supreme Court Clarifies FSIA Personal Jurisdiction Standard

On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA) whenever an FSIA immunity exception exists and service has been accomplished, without regard to that entity’s minimum contacts.

Devas Multimedia Private Ltd., an Indian corporation, brought a motion to enforce an arbitration award against another Indian entity, Antrix Corporation Ltd., in a United States District Court under the FSIA’s arbitration exception. The District Court confirmed the award, but the Ninth Circuit reversed, requiring a minimum contacts analysis before asserting personal jurisdiction over Antrix.

The Supreme Court reversed the Ninth Circuit’s decision, holding that personal jurisdiction over a foreign entity exists under 28 U.S.C. § 1330(b) when an immunity exception applies and service of process is properly executed. Justice Alito, writing for the Court, reasoned that the FSIA’s text and legislative history contain no indication of a minimum contacts requirement.

This decision clarifies that, under the FSIA, personal jurisdiction will not depend on a foreign state’s minimum contacts with the United States. However, the Court left open whether the Fifth Amendment’s Due Process Clause requires a minimum contacts analysis for companies owned by foreign sovereigns, so courts could still require minimum contacts as a constitutional matter regardless of the FSIA.