Matter
Cengiz Insaat Sanayi Ve Ticaret A.S. v State of Libya (French Court of Cassation, appeal No. K 21-22.978)
- 7 November 2018Arbitration
7 November 2018Arbitration
ICC arbitral award rendered in Paris on 7 November 2018
International Chamber of Commerce
- Decision summary
- The tribunal found that Libya had breached the treaty standard of full protection and security, ordered Libya to pay an amount corresponding to the net value of Cengiz's invested assets in Libya, and ordered measures to release bank guarantees connected with the WAH and [Locality 3] projects.
Supporting details
2 participantsCengiz Insaat Sanayi Ve Ticaret A.S.
State of Libya
International Chamber of Commerce
2 years, 6 months and 18 days later · 930 days
- 25 May 2021France
25 May 2021France
Decision of the Paris Court of Appeal, Division 5, Chamber 16 in case 18/27648 dated 25 May 2021
Paris Court of Appeal, Division 5, Chamber 16
- Citation
- Paris Court of Appeal, Division 5, Chamber 16, judgment of 25 May 2021, appeal No. 18/27648
- Decision summary
- The Paris Court of Appeal rejected Libya's application to set aside the 7 November 2018 arbitral award. It held that the arbitral tribunal had jurisdiction to decide the treaty dispute and to order relief concerning the bank guarantees, and that the grounds advanced regarding the award's reasoning did not establish a basis for annulment.
Supporting details
3 authorities · 2 participantsState of Libya
Cengiz Insaat Sanayi Ve Ticaret A.S.
Paris Court of Appeal, Division 5, Chamber 16
3 years, 8 months and 18 days later · 1359 days
- 12 February 2025France
12 February 2025France
Judgment of the French Court of Cassation, First Civil Chamber in appeal No. K 21-22.978 dated 12 February 2025
French Court of Cassation, First Civil Chamber
- Citation
- French Court of Cassation, First Civil Chamber, judgment of 12 February 2025, appeal No. 21-22.978
- Decision summary
- The French Court of Cassation rejected Libya's appeal and upheld the Paris Court of Appeal's refusal to set aside the Cengiz arbitral award. It held that the treaty's standing offer to arbitrate was autonomous from the validity of the investment, that the tribunal could address the alleged illegality of the investment and relief concerning bank guarantees, and that the challenge to the award's reasoning sought impermissible review of the merits. Libya was ordered to pay costs and EUR 5,000 to Cengiz under article 700 of the French Code of Civil Procedure.
Supporting details
4 authorities · 14 participantsState of Libya
- Representative
- State Litigation Directorate (For: State of Libya)
- Representative
- SCP Rocheteau, Uzan-Sarano et Goulet (For: State of Libya)
Cengiz Insaat Sanayi Ve Ticaret A.S.
- Representative
- SARL Ortscheidt (For: Cengiz Insaat Sanayi Ve Ticaret A.S.)
French Court of Cassation, First Civil Chamber
- Judge
- Mme Champalaune
- Judge
- Mme Tréard
- Judge
- Mme Guihal
- Judge
- M. Bruyère
- Judge
- Mmes Peyregne-Wable
- Judge
- Corneloup
- Judge
- Mme Robin-Raschel
- Advocate General
- M. Salomon
Other
- Institutional administrator
- Mme Vignes