Legal Opinion
Dar El-Bina Engineering & Contracting Co. v. Republic of Iraq
District Court, S.D. New York
Decided January 7, 2000No. 96 Civ. 5808 (LAK)PublishedCited by 22 opinions
1Opinion of the Court
OPINION
KAPLAN, District Judge.
This action is brought by two Kuwaiti companies for nonpayment of promissory notes guaranteed by an Iraqi bank. The threshold issue facing the Court is whether the Foreign Sovereign Immunities Act provides jurisdiction to adjudicate this action in a United States court, or whether the Iraqi bank is immune from suit by virtue of its status as an instrumentality of a foreign state.
Facts
Plaintiffs Dar El-Bina Engineering & Contracting Company (“Dar El-Bina”) and Mishary Al-Kahlid & Partners (“Mishary”) are both Kuwaiti companies with principal places of business in…
2Cases cited52 opinions
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- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Argentine Republic v. Amerada Hess Shipping Corp.Supreme Court of the United States · 1989
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3Cited by22 opinions
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- Virtual Defense & Development International, Inc. v. Republic of MoldovaDistrict Court, District of Columbia · 2001
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