The Court of Appeal denied the request of the Ministry of Defence of Iraq to annul two ICC sentences. The dispute arose when two entities decided to finalise all ship construction and missiles delivery contracts. The execution of the contracts was made impossible because of the sanctions the UN enforced on the State of Iraq.
In this particular case, the arbitral tribunal rejected the claims as inadmissible because of the embargo measures. The Court ruled that this decision could not be appealed as it dealt with the admissibility of the claims and not with its competence.
The Court then confirmed that the interpretation of UN’s resolutions and EU’s regulations made by the tribunal did not breach international public policy.