Clifford Chance
U.S. Supreme Court Says International Organizations Are Not Absolutely Immune From Suit—But Avenues For Dismissing U.S. Lawsuits Remain
1 March 2019
On February 27, the U.S. Supreme Court issued an opinion in Budha Ismail Jam v. International Finance Corporation (No. 17-1011) holding that the International Organizations Immunities Act does not provide international organizations with absolute immunity from suit in the United States. Writing for a 7-1 majority, Chief Justice John Roberts said that international organizations have the same immunity enjoyed by foreign sovereigns under the Foreign Sovereign Immunities Act—meaning restrictive immunity that is subject to several statutory exceptions, including an exception for lawsuits based on commercial activity. The decision overturned longstanding precedent in the U.S. Court of Appeals for the District of Columbia Circuit.
