La Générale des Carrières et des Mines v. FG Hemisphere Associates LLC

Abstract

States — State-owned corporations — Separate identity — Whether assets of State-owned corporation subject to attachment to enforce debt due from the State — Relationship to State immunity — Lifting corporate veil — Presumption that separate identity of juridical entity established by State will be respected in relation to its and the State’s liabilities — When an entity to be regarded as State organ — Function and control — Nature of “governmental acts” — Distinction between acta jure imperii and acta jure gestionis — Status of entity as separate or organ of State to be considered in the round — Circumstances justifying assimilation of States and separate legal entities for all purposes

State immunity — Enforcement — Separate entities — Trendtex Trading test — Applicability of Trendtex Trading test to issues of enforcement and liability — Distinction between States and separate legal entities — Liability of State-owned entities for debts of State — Lifting corporate veil — State Immunity Act 1978 — The law of Jersey