Kashef v. BNP Paribas SA

Background

The court received a September 2, 2025 letter from Dr. Ralf Heckner, Switzerland’s ambassador to the United States. The ambassador asked the court to consider opinions about Swiss law and argued that an American court should not judge the conduct of a Swiss-chartered bank in Switzerland. He stated that the transactions at issue were commercial transactions conducted from Switzerland and were permissible under Swiss law at the relevant time. He also argued that the lawsuit challenged Swiss sovereignty by seeking damages based on the view that Switzerland and other countries should have prohibited those transactions.

Court’s Response

Judge Hellerstein wrote that the court respected the ambassador and his views, but had a duty to determine the Swiss law applicable to the case and instruct the jury about that law. The court referred to its earlier opinions and stated that Swiss law would govern.

The court explained that the jury would apply Swiss law to determine whether the defendants consciously assisted the Government of Sudan. The question is whether the defendants knew, or should have known, that their conduct contributed to the Sudanese government’s illicit activities. The court said it was not relevant whether the defendants’ banking activities were permitted under Swiss law. The court also stated that its opinion concerning Swiss law and the plaintiffs’ burden of proof would be issued soon.

Foreign Sovereign Liability

The ambassador also argued that Swiss law does not impose civil liability on a foreign sovereign. The court responded that the case would not impose liability on a foreign sovereign. The issue, according to the court, is the defendants’ alleged conscious assistance to that sovereign, not the sovereign’s underlying liability. Judge Alvin K. Hellerstein did not enter a final ruling on the defendants’ liability in this order.