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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, United States; New York; District Court for the Southern District of New York [SDNY]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 August 2019

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.

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