Uk Supreme Court Court August 2012 Judgments

Servaas Incorporated Vs. Rafidian Bank and Others

Court: UK Supreme Court

LORD CLARKE (WITH WHOM LORD PHILLIPS, LADY HALE, LORD SUMPTION AND LORD REED AGREE) Introduction 1. The question in this appeal is what is the true construction of the expression "property which is for the time being in use or intended for use for commercial purposes" in section 13(4) of the State Immunity Act 1978 ("the Act"). The facts 2. On 9 September 1988 the appellant ("SerVaas"), which is a company incorporated in Indiana, entered into an agreement ("the Agreement") with the Iraqi Ministry of Industry ("the Ministry") for the supply of equipment, machinery and related services required for the commissioning of a state owned copper and brass processing factory in Iraq. On 2 August 1990 Iraq invaded Kuwait and on 4 August 1990 the assets of Rafidain Bank ("Rafidain") in the United Kingdom were frozen in accordance with the United Nations ("UN") sanctions regime established under UN Security Council Resolution 661. On 13 August 1990 SerVaas terminated the Agreement and on 25 Januar...