Capital Ventures International v. Republic of Argentina

552 F.3d 289 (2009)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
C
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Capital Ventures International v. Republic of Argentina

United States Court of Appeals for the Second Circuit
552 F.3d 289 (2009)

RW

Facts

Capital Ventures International (CVI) (plaintiff) bought bonds issued by the Republic of Argentina (defendant). The bonds were issued pursuant to German law. In § 13(3) of the bonds’ offering circular, Argentina accepted the jurisdiction of German courts to adjudicate claims related to the bonds and agreed that other jurisdictions could enforce an adverse German judgment as to such claims. Section 13(3) also waived Argentina’s right to assert forum non conveniens or similar defenses against such enforcement actions. Section § 13(4) of the bond circular stipulated that Argentina waived its sovereign immunity from the “jurisdiction of any court or from any legal process.” Neither § 13(3) nor § 13(4) specifically mentioned United States courts. When Argentina defaulted on the bonds, CVI sued Argentina in a United States federal district court. The court dismissed the suit for lack of subject-matter jurisdiction. CVI appealed to the Second Circuit.

Rule of Law

Issue

Holding and Reasoning (Katzmann, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

International Law

Key Terms