International Organization Contract

A consultant worked for an international organization, relying on the promise that a written contract would follow. When that did not happen and much work had been performed, he sued the organization for breach of contract and unjust enrichment.

The organization claimed immunity, lost its motion for dismissal under the International Organizations Immunities Act, 28 USC §288a(b), and appealed. The United States Court of Appeals for the District of Columbia Circuit affirmed in Jorge Vila v. Inter-American Investment Corp., docket number 08-7042.

While the IOIA ties the waiver of immunity to the existence of a contract, the court follows precedent by applying the waiver also to unjust enrichment claims, as it explained in its 37-page opinion on June 19, 2009. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.

Mon, 08:50:42 22 Jun 2009 / Embassy Law Link

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