Wood Industries v. Kosovo Trust Agency

Basic Facts

Kosovo Trust Agency ("KTA") is an "independent corporation" established by a "regulation" (a legislative act) issued by UNMIK, which exercises all executive, legislative and judicial power in Kosovo under a UN Security Council resolution.

Wood Industries is a New Jersey corporation

It received an award to commercialize a wood processing plant in Kosovo, under a 10-year contract, but the contract was never formally executed by the KTA board.

Subsequently, KTA privatized the same plant, transferring ownership to the highest bidder in a privatization auction held in Pristina, Kosovo

Wood Industries sued the KTA and others for breach of contract in state court in New York City. The case was removed to the United States District Court for the Southern District of New York.

The KTA wishes to challenge the existence of personal jurisdiction.

The United Nations is an inter-governmental, treaty-based organization with its headquarters in New York City. It enjoys immunity from civil liability and from compulsory process in federal and state courts.

Sometime after the award to Wood Industries and the privatization auction, KTA conducted a conference in New York City, indended to attract bidders for further privatization.

[Other facts will undoubtedly be added later]