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SUPREME COURT OF THE UNITED STATES
_________________
Nos. 23–1201 and 24–17
_________________
CC/DEVAS (MAURITIUS) LIMITED,
et al., PETITIONERS
23–1201
v.
ANTRIX CORP. LTD., et al.
DEVAS MULTIMEDIA PRIVATE LIMITED,
PETITIONER
24–17
v.
ANTRIX CORP. LTD., et al.
on writs of certiorari to the united states
court of appeals for the ninth circuit
[June 5, 2025]
Justice Alito delivered the opinion of the
Court.
Under the Foreign Sovereign Immunities Act of
1976 (FSIA), 28 U. S. C. §§1330, 1602
et seq., foreign states are generally immune from suit
in United States courts, but the Act creates several exceptions.
See §§1604, 1605–1607. And when an exception applies, §1330(a) of
the FSIA vests federal courts with “original jurisdiction” over
such claims.
This suit concerns the FSIA’s neighboring
personal-jurisdiction provision. It provides that “[p]ersonal
jurisdiction over a foreign state shall exist” whenever (1) an
exception to foreign sovereign immunity applies, and (2) the
foreign defendant has been properly served. §1330(b). In the
decision below, however, the Ninth Circuit imposed a third
requirement: a plaintiff must also prove that the foreign state has
made “minimum contacts” with the United States sufficient to
satisfy the jurisdictional test set forth in
International Shoe
Co. v.
Washington,
326 U.S.
310, 316 (1945), and its progeny. Because the Ninth Circuit’s
additional requirement goes beyond the text of the FSIA, we
reverse.
I
A
Like so many disputes, this one began with two
companies and a contract. Antrix Corporation Ltd. (Antrix) is
organized under Indian law and is owned by the Republic of India
for use by its Department of Space. In Antrix’s words, it serves as
“the commercial arm of Indian Space Research Organisation”—a
division within the Department of Space—and is tasked with
“promot[ing] and commercially market[ing] the products and services
emanating from the Indian Space Programme.” No. 2:18–cv–01360 (WD
Wash., Dec. 21, 2018), ECF Doc. 24–1, p. 43. The Indian
Government finances most of Antrix’s operations and appoints much
of its leadership.
In January 2005, Antrix signed a
satellite-leasing agreement with Devas Multimedia Private Ltd.
(Devas), a privately owned Indian company incorporated to develop
satellite-based telecommunications technology. Under the agreement,
Antrix would build and launch a new satellite network into
geostationary orbit[
1]*—specifically, at the 83°E orbital slot—and lease some
of that network’s capacity back to Devas. Devas, in turn, would use
its leased satellite capacity to provide multimedia broadcasting
services across India.
The agreement proceeded as expected for several
years. Antrix obtained project approval from the Indian Government
and clearance from the International Telecommunications Union, the
arm of the United Nations responsible for allocating orbital
satellite space among member states. For its part, Devas secured
the requisite internet- and television-provider licenses, brought
on investors, and paid Antrix the contractually required fees. And
as satellite construction neared completion, the parties performed
several successful trials of Devas’s newly developed software and
infrastructure.
In February 2011, however, Antrix and Devas hit
a snag. Just before the satellites were scheduled for launch, the
Indian Government determined it needed greater satellite capacity
for itself and could no longer lease its limited S-band spectrum
(the type Antrix and Devas planned to use) for commercial use. So,
at the behest of government officials, Antrix terminated the
agreement with Devas. Citing the contract’s
force majeure
clause, Antrix explained that India’s new satellite-allocation
policy prevented it from continuing performance on the
contract.
But Devas thought Antrix was liable for the
financial fallout. So Devas invoked the contract’s arbitration
provision, commenced proceedings, and argued the purported
force
majeure was self-induced. The three-member arbitral panel ruled
unanimously for Devas on September 14, 2015. Applying Indian law,
the panel concluded Antrix had wrongfully terminated the contract
and awarded Devas $562.5 million in damages plus interest.
After successfully confirming the arbitration
award in France and the United Kingdom, Devas sought to do the same
in the United States. See 2 J. Grenig, Domke on Commercial
Arbitration §41:1, p. 467 (3d ed. 2025) (“[C]onfirmation of an
arbitration award finalizes the award and makes the award a
judgment of the court”). In September 2018, Devas petitioned the
United States District Court for the Western District of Washington
to confirm the award, citing the FSIA’s so-called arbitration
exception as the basis for federal jurisdiction. See 28
U. S. C. §1605(a)(6). Antrix moved to dismiss, arguing,
inter alia, that the District Court lacked jurisdiction.
B
For much of American history, foreign states
and their instrumentalities enjoyed near total immunity from suit
in our courts. See
Hungary v.
Simon, 604 U. S.
___, ___ (2025) (slip op., at 2). This posture reflected the
venerable international law principle that states are independent
sovereign entities, and it encouraged others to respect the
sovereignty of the United States in their courts.
Bolivarian
Republic of Venezuela v.
Helmerich & Payne Int’l
Drilling Co., 581 U.S. 170, 179 (2017). Notably, this immunity
was not statutorily or constitutionally required. Instead, we have
long understood foreign sovereign immunity as “a matter of grace
and comity,” so judges historically “ ‘deferred to the
decisions of the political branches—in particular, those of the
Executive Branch—on whether to take jurisdiction’ over particular
actions against sovereigns and their instrumentalities.”
Republic of Austria v.
Altmann,
541 U.S.
677, 689 (2004) (quoting
Verlinden B. V. v.
Central
Bank of Nigeria,
461 U.S.
480, 486 (1983)). In practice, that usually entailed the State
Department filing a case-specific “ ‘suggestion of
immunity’ ” whenever a foreign sovereign was sued, and when
that occurred, the court would abide by the suggestion.
Samantar v.
Yousuf,
560 U.S.
305, 311 (2010) (quoting
Ex parte Peru,
318 U.S.
578, 581 (1943)).
Beginning in the mid-20th century, the Executive
Branch adopted a more nuanced stance toward sovereign immunity, but
its new approach “proved troublesome.”
Verlinden, 461
U. S., at 487. Specifically, the State Department declared in
1952 it would no longer suggest immunity in “cases arising out of a
foreign state’s strictly commercial acts.”
Ibid. While this
shift brought the United States into parity with the emerging
international consensus, it also provoked tension and confusion.
“[F]oreign nations often placed diplomatic pressure on the State
Department,” and, “[o]n occasion, political considerations led to
suggestions of immunity in cases where immunity would not have been
available.”
Ibid. Furthermore, in instances where the State
Department simply failed to file any suggestion, courts were forced
to determine immunity based on standards that were “neither clear
nor uniformly applied.”
Id., at 488.
Congress addressed the problem in 1976 by
enacting the FSIA, now “the sole basis for obtaining jurisdiction
over a foreign state in our courts.”
Argentine Republic v.
Amerada Hess Shipping Corp.,
488 U.S.
428, 434 (1989). Instead of case-by-case determinations that
were governed by fuzzy legal standards and prone to manipulation,
the FSIA imposes a bright-line rule: foreign states and their
instrumentalities are immune from suit unless one of the Act’s
enumerated exceptions applies. 28 U. S. C. §1604; see
§§1605–1607. Exceptions include claims based on commercial
activities with a specified nexus to the United States,
§1605(a)(2), claims based on torts that have caused domestic
personal injury or property damage, §1605(a)(5), claims based on
certain expropriations, §1605(a)(3), and several others.
The Act also waives immunity for suits to
confirm arbitration awards. §1605(a)(6). The arbitration exception
applies in four statutorily defined contexts, including where the
“agreement or award” is “governed by a treaty or other
international agreement in force for the United States calling for
the recognition and enforcement of arbitral awards.”
§1605(a)(6)(B). The United States, for instance, has acceded to the
New York Convention, which requires it to enforce certain awards
issued abroad. See Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, June 10, 1958, 21 U. S. T. 2517, T. I. A.
S. No. 6997; 9 U. S. C. §§201–208. In such instances, and
when the FSIA is otherwise satisfied, the arbitration exception
would also apply.
Whenever an FSIA immunity exception applies,
jurisdiction usually follows. That is because the Act’s
jurisdictional provision, 28 U. S. C. §1330, pegs both
subject-matter and personal jurisdiction to the exceptions.
Subsection (a) of that provision grants district courts “original
jurisdiction” over “any claim for relief in personam with respect
to which the foreign state is not entitled to immunity
. . . under sections 1605–1607,” which are the FSIA’s
immunity exceptions. And subsection (b) provides for personal
jurisdiction “as to every claim for relief over which the district
courts have jurisdiction under subsection (a)”—
i.
e.,
for every claim subject to an immunity exception—and “where service
has been made under section 1608.” See
Republic of Sudan v.
Harrison, 587 U.S. 1, 4–5, 8–13 (2019) (discussing §1608’s
specialized service-of-process rules).
C
Once this dispute arrived in federal court in
this country, a dramatic series of events unfolded. Upon satisfying
itself that jurisdiction was proper under the FSIA’s arbitration
exception, the District Court confirmed the award and entered a
$1.29 billion judgment against Antrix. Yet before Devas could
collect, an Indian corporate-law tribunal found that Devas—an
Indian company—had procured the Devas–Antrix agreement by fraud; so
the tribunal appointed an Indian Government official to seize
control of Devas and wind down its affairs. Quickly thereafter,
several Devas shareholders and an American subsidiary attempted to
intervene in the federal proceedings below and to enforce the
judgment themselves. Successfully so: over Devas’s and Antrix’s
objections, they intervened, secured post-judgment discovery to
locate Antrix’s domestic assets, and registered the judgment in the
Eastern District of Virginia, where Antrix held executable assets.
Then, adding one last wrinkle to an already complex dispute, the
High Court of New Delhi set aside the arbitration award based
largely on the Indian corporate-law tribunal’s earlier fraud
determination.
Several appeals followed, and a Ninth Circuit
panel found that personal jurisdiction was lacking and therefore
reversed the District Court’s orders confirming and registering the
award. See No. 20–36024 etc. (Aug. 1, 2023), App. to Pet. for Cert.
3a–8a. The court did not question “that for purposes of the FSIA,
Antrix is a ‘foreign state,’ service has been made, and an
enumerated exception applies.”
Id., at 4a. Yet bound by
Circuit precedent, the panel explained that the Act imposes an
additional requirement: “personal jurisdiction under the FSIA
[also] requires a traditional minimum contacts analysis,”
ibid., which is a reference to our jurisdictional
due-process test first developed in
International Shoe, 326
U. S., at 316. See
Walden v.
Fiore,
571 U.S.
277, 283–286 (2014). Applying that standard, the court
concluded that Antrix lacked sufficient suit-related contacts with
the United States and that the lawsuit must therefore be
dismissed.
We granted certiorari to decide whether the FSIA
requires proof of “minimum contacts” before a court can exercise
personal jurisdiction over a foreign state. See 603 U. S. ___
(2024). We hold it does not.
II
The facts of this suit are complex, but the
legal question we address today is straightforward. The text and
structure of the FSIA demonstrate that Congress did not require
“minimum contacts” over and above the contacts already required by
the Act’s enumerated exceptions to foreign sovereign immunity.
A
We start, as always, with the relevant
statutory text. Here, that is the FSIA’s personal-jurisdiction
provision, 28 U. S. C. §1330(b). It provides:
“Personal jurisdiction over a foreign
state shall exist as to every claim for relief over which the
district courts have [subject-matter] jurisdiction under subsection
(a) where service has been made under section 1608 of this
title.”
As noted earlier, this provision imposes two
substantive requirements—one related to subject-matter
jurisdiction, the other related to service of process. See
supra, at 6. First, “district courts have [subject-matter]
jurisdiction under subsection (a)” when any of the FSIA’s immunity
exceptions applies. See
Amerada Hess, 488 U. S., at
434–435. Second, “service has been made under section 1608” when a
plaintiff complies with the FSIA’s specialized service-of-process
rules. See
Harrison, 587 U. S., at 4–5, 8–13. When both
criteria are satisfied, the statute declares that personal
jurisdiction “shall exist,” and, “as in other contexts, the use of
the word ‘shall’ creates an obligation impervious to judicial
discretion.”
Smith v.
Spizzirri, 601 U.S. 472, 476
(2024) (some internal quotation marks omitted).
Thus, the most natural reading of §1330(b) is
that personal jurisdiction over a foreign sovereign is “automatic”
whenever (1) “an exception to immunity applies” and
(2) “service of process has been accomplished.”
Samantar, 560 U. S., at 324, n. 20; accord,
Verlinden, 461 U. S., at 485, n. 5; Restatement
(Fourth) of Foreign Relations Law of the United States §451,
Comment
b (2017). Or phrased in even simpler terms, “subject
matter jurisdiction plus service of process equals personal
jurisdiction.”
GSS Group Ltd. v.
National Port Auth.,
680 F.3d 805, 811 (CADC 2012) (internal quotation marks
omitted).
Notably absent from §1330(b) is any reference to
“minimum contacts.” And we decline to add in what Congress left
out: the FSIA was supposed to “clarify the governing standards,”
not hide the ball.
Verlinden, 461 U. S., at 488; cf.
Republic of Argentina v.
Weltover, Inc.,
504 U.S.
607, 618 (1992) (refusing to read an “unexpressed requirement”
into the FSIA).
Although nothing in the text of §1330(b)
requires a minimum-contacts analysis, that does not mean Congress
dispensed altogether with proof of contact between the foreign
state and the United States. In order for subject-matter
jurisdiction to exist under the FSIA, an exception to immunity must
apply. See §1330(a). And the FSIA’s immunity exceptions themselves
require varying degrees of suit-related domestic contact before a
case may proceed. See §§1605–1607. Some exceptions call for
considerable domestic nexus, such as “rights in immovable property
situated in the United States,” “commercial activity carried on in
the United States by the foreign state,” or “commercial activity of
the foreign state elsewhere” that “causes a direct effect in the
United States.” §§1605(a)(2)–(4); see
Verlinden, 461
U. S., at 490–491. Others, like §1605A’s terrorism exception,
are satisfied by less direct or pervasive contact with the
territory of the United States, as the parties acknowledge. See
Brief for Petitioner Devas Multimedia Private Limited 26, 31–32;
Brief for Petitioner CC/Devas (Mauritius) Limited et al.
48–49; Brief in Opposition 7. To the extent that some or all FSIA
exceptions satisfy
International Shoe, it is only because
the exceptions Congress wrote happen to meet that standard, not
because §1330(b) secretly incorporated our jurisdictional
due-process cases.
The Act’s structure reinforces this
straightforward reading of §1330(b)’s text. As we have recognized
on many occasions, the FSIA “ ‘comprehensively regulat[es] the
amenability of foreign nations to suit in the United
States.’ ”
Republic of Argentina v.
NML Capital,
Ltd.,
573 U.S.
134, 141 (2014) (quoting
Verlinden, 461 U. S., at
493). The Act’s immunity and jurisdictional provisions are the
foundation of this comprehensive scheme, and Congress deliberately
tied them together. Namely, whenever a §§1605–1607 exception
applies, §1604’s immunity falls away, and §1330 grants
jurisdiction. See s
upra, at 5–6;
Amerada Hess, 488
U. S., at 434–435, and n. 3 (detailing how immunity and
jurisdiction “work in tandem”);
Verlinden, 461 U. S.,
at 485, n. 5, 489, and n. 14 (same);
Price v.
Socialist People’s Libyan Arab Jamahiriya,
294 F.3d 82, 89 (CADC 2002) (observing that “the FSIA collapses
subject matter jurisdiction,
in personam jurisdiction, and
sovereign immunity into a single inquiry”). And, in the narrow
instances where Congress did
not want for immunity and
jurisdiction to be coextensive with the enumerated exceptions, it
said so. See §§1330(a)–(b) (limiting jurisdiction to “nonjury civil
action[s],” “for relief in personam,” where “service has been made
under section 1608”).
Instead of enforcing these provisions as
written, the Ninth Circuit read an additional requirement into
one—and only one—of the FSIA’s tethered immunity and jurisdictional
provisions. As a practical matter, that would weaken the link
Congress forged among foreign sovereign immunity, subject-matter
jurisdiction, personal jurisdiction, and the enumerated exceptions;
it would also create a gap in the Act’s otherwise “comprehensive
framework.”
Altmann, 541 U. S., at 699. “We do not
lightly assume that Congress has omitted from its adopted text
requirements that it nonetheless intends to apply.”
Jama v.
Immigration and Customs Enforcement,
543
U.S. 335, 341 (2005). And we are all the more reluctant to do
so where, as here, reading such a requirement into the statute
would upset the “carefully calibrated” system Congress chose.
Turkiye Halk Bankasi A.S. v.
United States, 598 U.S.
264, 273 (2023).
B
The Ninth Circuit based its contrary
interpretation on a strange statutory argument and on the FSIA’s
legislative history. Neither overrides §1330(b)’s plain
meaning.
As noted by the court below, the Ninth Circuit
first read §1330(b) to “requir[e] satisfaction of the traditional
minimum contacts standard” in an earlier precedent,
Thos. P.
Gonzalez Corp. v.
Consejo Nacional de Produccion de Costa
Rica, 614 F.2d 1247, 1255 (1980).
Gonzalez offered two
pieces of support for that conclusion. First, one of the enumerated
immunity exceptions requires proof of a “direct effect” in the
United States, §1605(a)(2), which
Gonzalez “interpreted as
embodying the minimum contacts standard of
International
Shoe,”
id., at 1255. But see
Rote v.
Zel
Custom Mfg. LLC, 816 F.3d 383, 394 (CA6 2016) (“[T]he ‘direct
effect’ requirement does not incorporate the ‘minimum contacts’
test”). Second,
Gonzalez then read “[t]he legislative
history of the Act”—particularly the House Judiciary Committee
Report’s discussion of personal jurisdiction—to “confir[m] that the
reach of §1330(b) does not extend beyond the limits set by the
International Shoe line of cases.” 614 F. 2d, at 1255,
and n. 5. But see
Epic Systems Corp. v.
Lewis,
584 U.S. 497, 523 (2018) (“[L]egislative history is not the
law”).
Even accepting
Gonzalez’s cited authority
on its own terms, we do not find either step of the Ninth Circuit’s
analysis compelling. The fact that one of the immunity exceptions
contains language resembling the minimum-contacts test says little
about whether a jurisdictional provision located elsewhere
categorically imposes that test. Each immunity exception should be
interpreted according to the text Congress enacted, see,
e.
g.,
Simon, 604 U. S., at ___–___ (slip
op., at 9–12), and so should §1330(b).
To the extent it is relevant, the legislative
history
Gonzalez cites is not to the contrary. True, the
House Report says, “[t]he requirements of minimum jurisdictional
contacts and adequate notice are embodied in the
[personal-jurisdiction] provision.” H. R. Rep. No. 94–1487,
p. 13 (1976). But then the Report explains that this
“embodiment” of due process comes from the Act’s immunity
exceptions and service-of-process rules, not a minimum-contacts
requirement silently emanating from §1330(b). “[E]ach of the
immunity provisions in the bill, sections 1605–1607, requires some
connection between the lawsuit and the United States,” and, the
Report notes, §1330(b)’s plain text “incorporat[es] these
jurisdictional contacts by reference.”
Ibid. The Report then
makes the critical point: “
These immunity provisions,
therefore,
prescribe the necessary contacts which
must exist before our courts can exercise personal
jurisdiction. . . . [S]ection 1330(b) also satisfies
the due process requirement of adequate notice by prescribing that
proper service be made under section 1608 of the bill.”
Id.,
at 13–14 (emphasis added); see also
Rote, 816 F. 3d, at
398 (White, J., concurring) (“[The House Report] shows only that
Congress believed that the contacts set forth in the immunity
provisions satisfy due-process requirements. . . .
It is a separate question whether Congress was correct in its
assumption”). Thus, the FSIA’s legislative history leads to the
same result as §1330(a)’s text: personal jurisdiction rises and
falls based on whether an immunity exception applies and the
plaintiff has effectuated proper service.
III
Antrix does not defend the Ninth Circuit’s
reasoning. See Brief for Respondent 1; Tr. of Oral Arg. 36–37.
Instead, it raises various alternative reasons why we should affirm
the decision below notwithstanding its misreading of the FSIA.
Namely, Antrix contends that the Fifth Amendment’s Due Process
Clause itself requires a showing of minimum contacts before a
federal court can exercise personal jurisdiction over a company
owned by a foreign sovereign. Antrix also argues that the claims at
issue in this dispute do not fall within the FSIA’s arbitration
exception, properly conceived, and that the suit should be
dismissed under
forum non conveniens.
We decline to answer those questions today. The
Ninth Circuit relied exclusively on its interpretation of the
FSIA’s personal-jurisdiction provision, so that court has not yet
addressed Antrix’s alternative arguments. “[A]nd, for that reason,
neither shall we.”
F. Hoffmann-La Roche Ltd v.
Empagran S. A.,
542 U.S.
155, 175 (2004); accord,
United States v.
Oakland
Cannabis Buyers’ Cooperative,
532 U.S.
483, 494 (2001). Of course, Antrix is welcome to litigate these
contentions on remand consistent with principles of forfeiture and
waiver.
* * *
Personal jurisdiction exists under §1330(b) of
the FSIA when an immunity exception applies and service is proper.
Because the Ninth Circuit required more, we reverse the judgment
below and remand the suit for further proceedings consistent with
this opinion.
It is so ordered.
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