![]() ![]() Even if American courts may have jurisdiction over a given dispute, it is still helpful to include a waiver provision so there is more clarity and there is no need to litigate the issue during a subsequent case. In addition, other contracts, such as employment agreements, contracts for the sale of property, and other understandings should include a waiver provision so it is clear that the diplomat or foreign instrumentality will be subject to the courts in the United States. Such waiver provisions are usually implicated in leases with diplomats and other foreign instrumentalities. As a result, contracts with diplomats or instrumentalities of a foreign county like missions or embassies should include a provision that waives diplomatic or sovereign immunity. Waiver oftentimes cannot be implied and needs to be explicit. Individuals and entities are generally allowed to consent to the jurisdiction of a court to hear a dispute, and this applies in the diplomatic context as well. One of the most important factors to consider when dealing with diplomatic or sovereign immunity is that such immunity can oftentimes be waived. By keeping a few things in mind, dealing with diplomatic or sovereign immunity may be easier. However, diplomats and instrumentalities of foreign countries may also be immune from some civil cases or may be subject to special legal procedures when individuals pursue claims against them. Many people understand how diplomats may be immune from most criminal prosecutions, and this perhaps makes diplomats more comfortable with coming to this country to carry out their diplomatic functions. Many diplomats and instrumentalities of foreign countries enjoy a level of immunity from the legal process within the United States. ![]()
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