Queen’s Bench Division
Deutsche Bank AG London Branch v Receivers appointed by the court and others
[2020] EWHC 1721 (Comm)
2020 June 22–25; July 2
Teare J
International lawRecognitionRival claims to head of foreign stateForeign state holding gold reserves with financial institutions in EnglandRival claimants to presidency of foreign state or their appointees making conflicting claims to reservesFinancial institutions seeking direction from court as to whom to pay reservesUnited Kingdom Government issuing statement recognising contender to presidency as head of state rather than sitting president but continuing formal diplomatic relations with stateProper construction of Government’s statementWhether one voice doctrine applicable such as to render it impermissible for court to consider other material to identify de facto position of GovernmentWhom Government recognising as head of foreign state Whether act of state doctrine applicable such as to render non-justiciable consideration of foreign state’s legislation by which appointments by contender to presidency madeWhether court able to question validity or effect of appointments

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