Proper service of process is vital in litigation involving foreign sovereigns, including litigation to obtain an enforceable judgment. Recently, the Fourth Circuit held that the Foreign Sovereign Immunities Act does not permit service of process by mail to a foreign government’s embassy in the United States. In Kumar v. Sudan, the Fourth Circuit vacated a $34 million default judgment entered against Sudan for damages related to Sudan’s alleged provision of material support to the al-Qaeda operatives who carried out the 2000 bombing of the U.S.S. Cole. The US Supreme Court is currently reviewing the question of service of process on a foreign embassy in another case involving Sudan, Sudan v. Harrison, in which the Second Circuit reached a contrary holding. To read our full advisory, please click here.

Steven K. Davidson, Michael J. Baratz, and Brian Egan authored this advisory.