Hilaturas Miel, S.L.(claimant) a yarn-producer located
in Spain entered into a procurement process in the ”Oil for Food
Programme” (OFFP), adopted through the UN Security Council. After being awarded
the Contract O.C. 702.800, claimant alleged that the State Company for Shopping
Centers (owned entirely by the state of Iraq) did not provide the means of
inspection and acceptance of the yarn, failing to fulfil its obligation under
the contract. Some shipments were successfully delivered, however after 19 March
2003, following the start of the Iraq War, Hilaturas made several shipments
that were not inspected and accepted under the terms of the contract. As such,
claimant requested € 398,326 in damages. On the basis of the doctrine of
impossibility the U.S Court ruled in favour of the Republic of Iraq.
G.G
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