“…ues. First, he concluded, following and applying the decision of the majority of the Court of Appeal in Haugesund Kommune v Depfa ACS Bank [2010] EWCA Civ 579; [2012] QB 549 (“Haugesund”), that the characterisation of whether an issue of Italian law raised an issue of “capacity” or some other kind of challenge to the validity of th…”
“…Ukraine submitted that, in keeping with this court’s decision in Haugesund Kommune v Depfa ACS Bank [2010] EWCA Civ 579; [2012] QB 549, questions of capacity are to be approached in a broad, internationalist spirit. If under the appropriate law, a limitation on powers, if breached, renders a t…”