Dynasty Company for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq & Anor [2021] EWHC 952 (Comm) (23 April 2021)

Dynasty Company for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq & Anor [2021] EWHC 952 (Comm) (23 April 2021)

Dr Hawrami is not entitled to immunity under the State Immunity Act 1978 because the acts in question were not shown to be in exercise of the sovereign authority of the State of Iraq; the court is not precluded by the act of state doctrine from construing the Iraqi Constitution to determine this issue; and the jurisdictional challenge fails.

Citation
[2021] EWHC 952 (Comm)
Parties
Claimant: Dynasty Company for Oil and Gas Trading Limited; First Defendant: The Kurdistan Regional Government of Iraq; Second Defendant: Dr Ashti Hawrami
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Commercial Court Claim (jurisdiction Challenge) / Judgment on Jurisdictional Challenge Under CPR Part 11
Outcome
Jurisdictional challenge dismissed; court has jurisdiction over Dr Hawrami.
Legal Topics
State Immunity, Jurisdiction, Foreign Act of State, Oil and Gas Contracts, Constitutional Law (iraq)
Public International Law Commercial Law Conflict of Laws State Immunity Jurisdiction Foreign Act of State Oil and Gas Contracts Constitutional Law (iraq)

Case Brief

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Parties

Dynasty Company for Oil and Gas Trading Limited

Claimant

The Kurdistan Regional Government of Iraq

First Defendant

Dr Ashti Hawrami

Second Defendant

Procedural Posture

Commercial Court Claim (jurisdiction Challenge) / Judgment on Jurisdictional Challenge Under CPR Part 11

Legal Issues

  1. 1 Whether Dr Hawrami is immune from suit under the State Immunity Act 1978 (SIA)
  2. 2 Whether service on Dr Hawrami was valid or should have been under SIA s.12
  3. 3 Whether the claim is non-justiciable due to the foreign act of state doctrine

Ratio Decidendi

Dr Hawrami is not entitled to immunity under the State Immunity Act 1978 because the acts in question were not shown to be in exercise of the sovereign authority of the State of Iraq; the court is not precluded by the act of state doctrine from construing the Iraqi Constitution to determine this issue; and the jurisdictional challenge fails.

Court Disposition

Jurisdictional challenge dismissed; court has jurisdiction over Dr Hawrami.

Orders

  • Dr Hawrami's application challenging jurisdiction is dismissed.
  • Proceedings against Dr Hawrami may continue in the Commercial Court.