Arbitral Digest

Matter

Central Bank of Libya v Mohamed Abdel Mohsen Al-Kharafi et fils (French Court of Cassation, First Civil Chamber, 26 May 2021, appeal no. A 19-23.996)

  1. 22 March 2013Arbitration

    22 March 2013Arbitration

    Final Arbitral Award rendered in Cairo on 22 March 2013

    Decision summary
    The arbitral tribunal rendered a final award against the Libyan State on 22 March 2013 in Cairo.

    Supporting details

    2 participants
    Mohamed Abdel Mohsen Al-Kharafi et fils (Kuwait)
    Libyan State

    1 month and 21 days later · 52 days

  2. 13 May 2013France

    13 May 2013France

    Order of the President of the Paris Regional Court dated 13 May 2013

    Paris Regional Court

    Decision summary
    The president of the Paris Regional Court granted exequatur in France to the 22 March 2013 Cairo arbitral award against the Libyan State.

    1 year, 5 months and 15 days later · 533 days

  3. 28 October 2014France

    28 October 2014France

    Judgment of the Paris Court of Appeal dated 28 October 2014

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the exequatur in France of the 22 March 2013 Cairo arbitral award against the Libyan State.

    2 years, 11 months and 7 days later · 1073 days

  4. 5 October 2017France

    5 October 2017France

    Order of the Paris Court of Appeal dated 5 October 2017 (RG 16/21946)

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal issued an order in the Central Bank of Libya’s third-party opposition proceedings concerning the exequatur of the Cairo award.

    5 months and 1 day later · 152 days

  5. 6 March 2018France

    6 March 2018France

    Judgment of the Paris Court of Appeal dated 6 March 2018 (RG 17/19316)

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal issued a judgment in the Central Bank of Libya’s third-party opposition proceedings concerning the exequatur of the Cairo award.

    1 year, 2 months and 22 days later · 448 days

  6. 28 May 2019France

    28 May 2019France

    Judgment of the Paris Court of Appeal dated 28 May 2019

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared the Central Bank of Libya’s third-party opposition to the 28 October 2014 exequatur judgment inadmissible.

    1 year, 11 months and 28 days later · 729 days

  7. 26 May 2021France

    26 May 2021France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 26 May 2021 (appeal no. A 19-23.996)

    French Court of Cassation, First Civil Chamber

    Case no.
    A 19-23.996
    Decision summary
    The French Court of Cassation partially declared the appeal forfeited as to the Paris Court of Appeal decisions of 5 October 2017 and 6 March 2018, and quashed in full the 28 May 2019 judgment that had declared the Central Bank of Libya’s third-party opposition inadmissible. It held that third-party opposition was available against the appellate exequatur decision, distinct from the foreign arbitral award, and remanded the matter to a differently composed Paris Court of Appeal.

    Supporting details

    2 authorities · 16 participants
    Central Bank of Libya
    Representative
    SCP Rocheteau et Uzan-Sarano (For: Central Bank of Libya)
    Libyan Investment Authority
    Mohamed Abdel Mohsen Al-Kharafi et fils (Kuwait)
    Representative
    SCP Spinosi (For: Mohamed Abdel Mohsen Al-Kharafi et fils (Kuwait) · Mohamed Abdel Mohsen Al-Kharafi et fils (Egypt))
    Libyan Government
    Representative
    SCP Krivine et Viaud (For: Libyan Government · Libyan Ministry of Economy · Libyan Ministry of Finance · General Council for the Promotion, Investment and Privatization)
    Libyan Ministry of Economy
    Representative
    SCP Krivine et Viaud (For: Libyan Government · Libyan Ministry of Economy · Libyan Ministry of Finance · General Council for the Promotion, Investment and Privatization)
    Libyan Ministry of Finance
    Representative
    SCP Krivine et Viaud (For: Libyan Government · Libyan Ministry of Economy · Libyan Ministry of Finance · General Council for the Promotion, Investment and Privatization)
    General Council for the Promotion, Investment and Privatization
    Representative
    SCP Krivine et Viaud (For: Libyan Government · Libyan Ministry of Economy · Libyan Ministry of Finance · General Council for the Promotion, Investment and Privatization)
    Mohamed Abdel Mohsen Al-Kharafi et fils (Egypt)
    Representative
    SCP Spinosi (For: Mohamed Abdel Mohsen Al-Kharafi et fils (Kuwait) · Mohamed Abdel Mohsen Al-Kharafi et fils (Egypt))
    French Court of Cassation, First Civil Chamber
    Advocate General
    Mme Caron-Déglise
    Other
    Court Reporter
    Mme Berthomier

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • European Convention on Human Rights
      statute

Matter record

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Central Bank of Libya v Mohamed Abdel Mohsen Al-Kharafi et fils (French Court of Cassation, First Civil Chamber, 26 May 2021, appeal no. A 19-23.996) · Matter