August 25, 2011



Chris Gooding is a partner with Fasken Martineau LLP (London) and a member of the firm's Aviation, Energy, Insurance and Litigation practice groups.

Excerpt

However, after 21 years, Kuwait Airways must now wait until the fall for a Quebec court to hear the case to determine enforcement of the judgments. Yet another action begun this year in England by Kuwait Airways' lawyers seeks a declaration that the UK courts rule all of the assets of the state of Iraq available for enforcement of the judgments. "We say as a matter of enforcement, Iraqi Airways is so close to the state of Iraq, that it is the state of Iraq for enforcement purposes, and therefore the assets of the state of Iraq are available for enforcement of a judgment against Iraqi Airways," argued Gooding. He expects that case to go to trial at the end of next year or possibly in early 2013. All told, Fasken Martineau has launched proceedings in 15 countries, said Gooding.

Source: "Iraqi Airways Gets Two More CRJ900s" by Gregory Polek, AINonline