Hostname: page-component-84b7d79bbc-g78kv Total loading time: 0 Render date: 2024-07-27T08:33:25.850Z Has data issue: false hasContentIssue false

Empresa Exportadora de Azucar (Cubazucar) v. Industria Azucarera Nacional S.A. (Iansa)

England.  29 February 1980 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Foreign sovereign — Act of foreign State — Principle of English law — Relationship to U.S. doctrine — Nature and extent of principle in English law — No application to extra-territorial acts of foreign sovereign — Legislation of foreign State — Laws of penal and discriminatory character — Recognition by English courts

Contract — Sale of sugar — Seller a company created by Cuban Government with responsibility for all external trade transactions relating to sugar and for ensuring compliance with International Sugar Agreement — Seller not a department of Cuban State and enjoying independent legal personality — Buyer a private company majority of shares in which held by Chilean State trading organisation — Effect of coup d’état in Chile — Withdrawal of vessel discharging — Diversion of vessel on high seas — Suspension of shipments — Frustration — Effect of Cuban legislation freezing Chilean assets — Effect of directive ordering suspension of contract shipments to Chile — Ability of Cuban company to rely on plea of frustration where frustrating event is act of Cuban Government — Coup d’état as frustrating event — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1983

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)