Latham & Watkins LP published an article on 29th June about a US Supreme Court ruling that US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws but are not required to give it conclusive effect. The article says that this “respectful consideration” standard means foreign governments will likely face uncertainty as to how their domestic laws will be interpreted by US courts, that the Supreme Court has laid down 5 factors for consideration which will provide guidance on how foreign governments can best position and support their interpretations. It also says that parties’ evidence in support of and against a foreign government’s submitted interpretation of its domestic laws may be given substantial weight in determining the proper interpretation under US law. Fuller details are provided in the Client Alert from the firm.
https://www.jdsupra.com/legalnews/scotus-us-courts-not-bound-by-foreign-53367/
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