Such like an action where a country intentionally refuses to pay for the military tanks claiming that they were faulty yet still use them in battle is very unfortunate and should not be tolerated in relations between countries and multi national corporations. It is also very unfortunate that country D courts threw away the case against country D alleging that the army cannot be prosecuted in country D courts.
1. Can MBI sue country D in courts of country C?
However MBI can appeal in the laws of country D and argue that they are not suing the military (considering that the military is immune from suits in courts of country D) but rather they are suing the government for forfeiting payment for the tanks on allegations that they are out of order while at the same time use them in their frontline battle tanks. The rational being that the government bought the tanks on behalf of her military and therefore its supposed to pay for them.
Alternatively, MBI can use the agreement they signed with country D. I suppose in the agreement they outlined the consequences of either party failing to honor their side of the agreement (Gardiner 2012).
2. Is it legally and ethically prudent for MBI to do so?
Yes, it is both legally and ethically prudent for MBI to do so because they deserve to receive payment for the military tanks that they supplied country D.
Gardiner, R. (2003). International Law. Oxford: The Oxford International Law Library.
Gardiner, R. (2012). Treaty interpretation. Oxford: The Oxford international Law Library.