2d Cir 9th Cir action activity agreement Alien alleged American analysis appears apply approach arbitration arising asserted authority basis choice citizens claims commerce common law Compare concerns conduct Congress Consider Constitution contract Convention Corp corporation decided decisions defendant determine discussed dismissal district court doctrine effect enforcement exception exercise fact factors federal courts foreign forum non conveniens forum selection clause FSIA grant grounds held holding immunity important infra Int’l interest international law involving issue judgment judicial jurisdiction Justice legislative limits litigation lower courts matter Note officials particular parties permit personal jurisdiction plaintiff principles procedural proceedings provides question reasonableness relevant Republic requirement resident Restatement result rule Schooner Exchange Second sovereign immunity standards statute substantive suggest suit Supp supra Supreme Court territorial tion tort U.S. courts United violation