Dynasty Company for Oil & Gas v Trading Ltd v The Kurdistan Regional Government of Iraq & Anor [2020] EWHC 890 (Comm) (04 March 2020)

Dynasty Company for Oil & Gas v Trading Ltd v The Kurdistan Regional Government of Iraq & Anor [2020] EWHC 890 (Comm) (04 March 2020)

Given the claimant's concession that it will not rely on further steps by the second defendant as a waiver of immunity, there is no necessity for bifurcation. All jurisdictional issues should be determined in a single hearing to avoid delay, increased costs, and inefficiency.

Citation
[2020] EWHC 890 (Comm)
Parties
Claimant: Dynasty Company for Oil & Gas Trading Limited; First Defendant: The Kurdistan Regional Government of Iraq; Second Defendant: Dr Ashti Hawrami
Jurisdiction
England and Wales
Judgment Date
04 March 2020
Procedural Posture
Commercial Court Application / Interlocutory Application Regarding Case Management (bifurcation of Jurisdictional Issues)
Outcome
Application for bifurcation refused
Legal Topics
State Immunity, Jurisdiction, Case Management, Service of Process
Civil Procedure International Law State Immunity Jurisdiction Case Management Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Dynasty Company for Oil & Gas Trading Limited

Claimant

The Kurdistan Regional Government of Iraq

First Defendant

Dr Ashti Hawrami

Second Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application Regarding Case Management (bifurcation of Jurisdictional Issues)

Legal Issues

  1. 1 Whether the court should bifurcate the determination of jurisdictional issues to resolve state immunity first
  2. 2 Whether service on the second defendant was valid under the State Immunity Act 1978
  3. 3 Whether the second defendant has waived immunity by taking steps in the proceedings

Ratio Decidendi

Given the claimant's concession that it will not rely on further steps by the second defendant as a waiver of immunity, there is no necessity for bifurcation. All jurisdictional issues should be determined in a single hearing to avoid delay, increased costs, and inefficiency.

Court Disposition

Application for bifurcation refused

Orders

  • All jurisdictional issues to be determined at a single hearing, listed for three days