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In re Hashim and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
International organizations — Capacity — Arab Monetary Fund — Capacity to participate in bankruptcy proceedings in United States — Bankruptcy proceedings to discharge English judgment debt in favour of international organization — Whether organization not designated under International Organizations Immunities Act lacking capacity and standing to participate in proceedings in United States
Jurisdiction — International organization — Subject-matter jurisdiction — Whether entity created by treaty concluded between sovereign States can constitute agency or instrumentality of foreign State — Foreign Sovereign Immunities Act 1976
Economics, trade and finance — Economic sanctions — United States sanctions against Iran, Iraq and Libya — Whether precluding those States from bringing claims in United States courts — Whether affecting claim by international organization of which those States members
Comity — Recognition of legal capacity of international organization — International organization of which forum State not a member and not designated under International Organizations Immunities Act — Capacity of Arab Monetary Fund to participate in bankruptcy proceedings in United States instituted to discharge English judgment debt in its favour — Organization vested with juridical personality under law of United Arab Emirates — Comity granted in English courts to UAE law endowing organization with capacity to bring proceedings in English courts — Whether comity to be granted in United States courts to English decision on capacity — Scope of grant of comity — The law of the United States
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