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Buttes Gas & Oil Co. v. Hammer and Others. [1981] 3 W. L. R. 787
Published online by Cambridge University Press: 27 February 2017
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- Type
- Judicial Decisions
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- Copyright
- Copyright © American Society of International Law 1982
References
1 See, e.g., Occidental Petroleum Corp. v. Buttes Gas & Oil Co., 331 F.Supp. 92 (CD. Cal. 1971), 65 AJIL 815 (1971).
2 Lord Wilberforce wrote the opinion of the unanimous Court, which included Lord Fraser of Tullybelton, Lord Russell of Killowen, Lord Keith of Kinkel, and Lord Bridge of Harwich.
3 [1981] 3 W.L.R. 787, 800.
4 Id. at 804.
5 Ibid.
6 Id. at 809.
7 Id. at 810.
8 Buttes also invoked the doctrine of sovereign immunity insofar as it excludes actions concerning property which is in the ownership, possession, or control of a foreign state, or in which a foreign state claims an interest. The Court, however, dismissed this contention summarily, declaring that the doctrine “does not . . . apply since there is no attack direct or indirect upon any property of any of the relevant sovereigns, nor are any of them impleaded directly or indirectly.” Id. at 799.
9 Cf. In re Claim by Helbert Wagg & Co. Ltd., [1956] 1 Ch. 323; The Rose Mary, [1953] 1 W.L.R. 246.