Spanish War Ship Sunk Since 1804, And Its Cargo, Immune From Suit In U.S. Under FSIA

Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al., No. 10-10269 (11th Cir. Sept. 2011), offers a glimpse into the fascinating world of maritime jurisdiction of the federal courts, 200+-year old old shipwrecks of Spanish war ships, wars between England and France, secret agreements Spain made with France, and the business of Odyssey, a deep-ocean exploriation and shipwreck recovery company. Even for international law firms practicing international dispute resolution or international transactions, the topics are not typical. However, the decision also addresses several timely topics of international litigation and dispute resolution and thus deserves a read.

Odessey, as part of its Amsterdam Project, located what has now been found to be the Nuestra Senora de las Mercedes (Mercedes), a Spanish vessel that sank in 1804 off the...