Swarna v. Al-Awadi, Al-Shaitan and State of Kuwait

Title: Swarna v. Al-Awadi, Al-Shaitan and State of Kuwait

Description:

617Diplomatic relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Whether former diplomat’s wife entitled to diplomatic immunity — Claims of domestic servant — Whether claims arising out of exercise of functions as member of mission — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Drafting history of Article 39(2) — Practice of United States and other States — Whether diplomatic immunity applicable — Whether Court having subject-matter jurisdictionTreaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Extent of immunity — Whether extending to claims of domestic servant — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Drafting history of Article 39(2) — Practice of United States and other States — Whether acts performed in exercise of diplomat’s functions as member of missionState immunity — Jurisdictional immunity — Foreign Sovereign Immunities Act 1976 — Tort and commercial exceptions — Employment — Plaintiff’s claims against Kuwait — Whether claims falling within exceptions — The law of the United States.