Legal Material

SerVaas Incorporated v Iraq and Ministry of Industry of Iraq, Decision on motion to dismiss and motion to strike, 686 F Supp 2d 346 (SDNY 2010), ILDC 1589 (US 2010), 19th February 2010, District Court for the Southern District of New York [S.D.N.Y.]



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  • Private International Law and Conflict of Laws
  • Statehood, Jurisdiction of States, Organs of States
  • Public International Law
  • International Law
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Whether a contract between a US corporation and the Ministry of Industry of Iraq for the provision of goods and services in Iraq was a commercial activity under the Foreign Sovereign Immunities Act (‘FSIA’), barring the Iraqi government from invoking the sovereign immunity defence available under the FSIA.

Whether there was a meaningful legal distinction between the Ministry of Industry and Iraq, and whether a foreign judgment could be recognized against Iraq when the judgment was against the Ministry of Industry of Iraq.

Whether the recognition of a foreign judgment was dependent upon the enforceability of that judgment in the United States.

Keywords: Arbitral agreements; Arbitration; Comity; Corporations; Foreign judgments, recognition and enforcement; Immunity from jurisdiction; Immunity from jurisdiction, execution of judgments; Immunity from jurisdiction, states; Immunity from jurisdiction, waiver

Legal Material.  9976 words. 

Subjects: Private International Law and Conflict of Laws ; Statehood, Jurisdiction of States, Organs of States ; Public International Law ; International Law ; Law

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