Legal Question in Business Law in United Kingdom

How do you sue United Nations organisations

My company contracted with a UN organisation to produce a publication with them. They pulled out at the last minute in breach of contract. Are they immune from me taking legal action and claiming damages? Are there any examples of how others have successfully sued UN organisations?


Asked on 3/21/06, 6:10 am

2 Answers from Attorneys

Richard Howard Richard Howard & CO

Re: How do you sue United Nations organisations

Article VIII of the Convention on the Privileges and Immunities of the United Nations, states

�Settlement of Disputes

SECTION 29. The United Nations shall make provisions for appropriate modes of settlement of:(a) Disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party�

Section 3 of the State Immunity Act 1978 provides

�1) A State is not immune as respects proceedings relating to -

(a) a commercial transaction entered into by the State; . . .

(3) In this section "commercial transaction" means -

(a) any contract for the supply of goods or services�

There is a new UN Convention On State Immmunity that has not been adopted by the UK but this suggests that all commercial activities will not attract any immunity.

You should consult the contract to decide if English Courts have Jurisdiction and if so you ought to be able to issue proceedings here. If this in not clear you will need to take further advice about the courts of which other country(ies) have jurisdiction

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Answered on 3/21/06, 9:21 am
Andrew Dutton Legal -Zone

Re: How do you sue United Nations organisations

I am not aware of any particular problems which will arise other than that of court jurisdiction. A UN organisation which has breached a contract is liable to the law just as any other organisation.

Before advising definitively however I will need further information particularly relating to the contract and where it was made. Let me know if you want further help.

regards

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 3/21/06, 10:24 am


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