[r]esolution of Sudan's FSIA argument neither required us first to decide nor necessarily decides the issue of standing under DOHSA. In fact, our analysis of the FSIA issue did not address, or even refer to, the issue of standing. Each issue involves a distinct legal concept that does not affect analysis of the other.
[a] foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case... in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver....
28 U.S.C. § 1605(a)(1). Although this exception "must be construed narrowly," Cabiri v. Gov't of Republic of Ghana, 165 F.3d 193, 201 (2d Cir. 1999), we agree with the District Court, Blue Ridge Invs., 902 F. Supp. 2d at 374-74, that our decision in Seetransport Wiking Trader Schiffarhtsgesellschaft MBH & Co., Kommanditgesellschaft v. Navimpex Centrala Navala, 989 F.2d 572 (2d Cir. 1993), compels the conclusion that Argentina waived its sovereign immunity by becoming a party to the ICSID Convention.20
[a] foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case... in which the action is brought... to confirm an award made pursuant to... an agreement to arbitrate, if... the agreement or award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.
28 U.S.C. § 1605(a)(6).
(1) We have jurisdiction to consider the District Court's rejection of Argentina's assertion of foreign sovereign immunity under the collateral order doctrine;
(2) We decline to exercise pendent appellate jurisdiction to consider whether the District Court erred in concluding that Blue Ridge, as an assignee, could state a claim to confirm the ICSID award because that issue is not "inextricably intertwined" with the District Court's foreign sovereign immunity decision;
(3) The District Court correctly concluded that Argentina waived its foreign sovereign immunity pursuant to two separate and independent exceptions to the immunity from suit provided by the Foreign Sovereign Immunities Act: (1) the implied waiver exception described in 28 U.S.C. § 1605(a)(1), and (2) the arbitral award exception described in 28 U.S.C. § 1605(a)(6).
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