Rafidain Bank and Iraqi Ministry for Industry v. Consarc Corporation

Abstract

State immunity — Jurisdictional immunity — Commercial activity — Agreement with private company for supply of furnaces — Whether commercial — Whether nature or purpose of activity decisive — Whether possible intended use of furnaces for production of nuclear weapons relevant — Whether foreign State entitled to jurisdictional immunity

State immunity — Attachment and execution — Scope of immunity — Enforcement of foreign judgment — Application for exequatur — Whether foreign State entitled to invoke immunity from execution to oppose application — United States Foreign Sovereign Immunities Act 1976 — Whether Belgian courts required to examine whether conditions of Act complied with in proceedings before United States court

Economics, trade and finance — State contracts — Judicial award of damages for breach of contract — Liability of foreign State — State-controlled bank with independent legal personality providing finance for contract — Whether award of damages enforceable against bank — The law of Belgium