First Fidelity Bank NA v. Government of Antigua and Barbuda-Permanent Mission

Abstract

Diplomatic relations — Diplomatic representatives — Ambassador — Relationship between ambassador and sending State — Authority of ambassador to bind sending State in dealings with third parties — Whether sending State automatically bound by all official acts of ambassador — Whether relationship between ambassador and sending State one of principal and agent — Whether relationship governed by agency laws of developed States — Apparent authority test — Antiguan ambassador to the United Nations — Obtaining bank loan and waiving Antiguan sovereign immunity without actual authority — Whether Antigua bound by actions of ambassadorState immunity — Jurisdictional immunity — Waiver — Unauthorized waiver of sovereign immunity — Ambassador purporting to waive sovereign immunity of sending State — 126Whether waiver binding on sending State — Judgment in default — Grounds for setting aside judgment in default — Immunity from execution — Embassy bank accountTreaties — Conclusion and operation — Authority to conclude treaties — Ambassadors — Scope of authority — Whether ambassador having authority to conclude treaty on behalf of sending State — Ambassador acting beyond scope of his authority — Whether treaty binding on sending State — The law of the United States