The US Supreme Court has agreed to examine ExxonMobil’s bid to obtain compensation from Cuban state-owned companies for oil and gas assets confiscated after the 1959 revolution. The legal action is based on the 1996 Helms-Burton Act, which permits US citizens to sue foreign entities benefiting from expropriated property in Cuba.
The appeal follows a ruling by a federal appellate court that had curtailed ExxonMobil’s ability to claim compensation from Cuban companies allegedly using facilities tied to its former operations. The decision by the country’s highest court paves the way for a reassessment of legal pathways for indemnification over nationalisations that occurred more than sixty years ago.
Legal precedent under review
The Helms-Burton Act, rarely litigated in US courts, was invoked by ExxonMobil to seek hundreds of millions of dollars in damages. Court filings indicate the seized assets included refining and distribution facilities now operated by Cuban state entities. Cuban authorities, long opposed to the legitimacy of the law, have not participated in the proceedings.
In a parallel case, the Supreme Court also agreed to hear a petition from Havana Docks Corporation, a Delaware-registered firm, seeking to enforce a $440mn judgment against four cruise lines, including Carnival Corporation and Norwegian Cruise Line Holdings, for using a Havana port terminal nationalised in 1960.
Hearing scheduled during 2025–2026 term
Arguments before the Supreme Court are scheduled to begin during the new nine-month term starting this Monday. Final rulings are not expected before spring or summer 2026, but the cases may establish significant precedent for other US companies affected by Cuba’s post-revolution nationalisations.
ExxonMobil previously secured a default judgment against the Cuban defendants in 2019, but enforcement efforts encountered legal barriers. The current proceedings could redefine the circumstances under which American firms can hold foreign entities accountable for profiting from assets seized during Cuba’s nationalisation wave.
