Wye Oak Asks Supreme Court to Consider Iraq Immunity Decision

Wye Oak Technology Inc. urged the US Supreme Court to consider whether an appeals court erred in throwing out a $121 million award in an equipment refurbishing contract breach dispute with Iraq.

The US Court of Appeals for the D.C. Circuit vacated the award July 16 after concluding that Iraq was shielded by the Foreign Sovereign Immunities Act. The FSIA bars lawsuits against foreign states in US courts. The FSIA’s commercial activities exception provides that a foreign government can be sued for engaging in acts that cause a direct effect in the US.

The appeals court erred in concluding that ...