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The immunities of States and international organisations

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Information on the contribution

Member State
Norway
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Norway/1998/204
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Norway - Jurisprudence of 15/10/1998

Scancem International ANS (private company) v. Antione Yazbeck, Rabyeh, Libanon, Walid Yazbeck, Rabyeh, Libanon, Henri Jabre, Paris, France, Christian Jabre, London, England (private persons)

Author(ity)

Borgarting Court of Appeal (Borgarting Lagmannsrett)

Date of the decision, of the judgment

15/10/1998

Points of law

The issue at stake was whether a private company registered in Norway was liable for damages suffered by a third party as a result of an expropriation carried out by the authorities of Sierra Leone. The claimants owned shares in a cement factory, which was nationalised by the Government in Sierra Leone and later sold to the Norwegian Company. In order to settle the claim, the Court had to take a prejudicial stand with regard to the legality of the expropriation made by a foreign State. The Court emphasised that the legal position of the foreign State would not be affected by its decision. On this basis it found that State immunity could not prevent it from making a prejudicial assessment of the legality of an act of that State in order to determine a claim for compensation between to private parties.

Summary of the case

The issue at stake was whether a private company registered in Norway was liable for damages suffered by a third party as a result of an expropriation carried out by the authorities of Sierra Leone. The claimants owned shares in a cement factory, which was nationalised by the Government in Sierra Leone and later sold to the Norwegian Company.

Sources

Extracts published in Nordic Journal of International Law, No 70, 2001, page 531-566. Published in full text in the Norwegian law review “Rettens Gang” 1999, page 793

Additional information (explanations, notes, etc.)

This case was previously ruled by Oslo City Court on the 5 May 1998. The Court of Appeal reached the same conclusion as the City Court.