Dalico Contractors v Committee of the Municipality of Tripoli (Libya)

Procedural record

1. 26 March 1991France

   26 March 1991France

   Judgment of the Paris Court of Appeal dated 26 March 1991

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal rejected the application to set aside the arbitral award, holding that the arbitration clause existed and was valid and effective.

   Participants

   Dalico Contractors

   Committee of the Municipality of Tripoli (Libya)

   Paris Court of Appeal

   2 years, 8 months and 24 days later · 1000 days

2. 20 December 1993France

   20 December 1993France

   Judgment of the French Court of Cassation in Dalico Contractors v Committee of the Municipality of Tripoli (Libya)

   French Court of Cassation

   Decision summary

   The French Court of Cassation rejected the appeal and upheld the Paris Court of Appeal's refusal to set aside the arbitral award. It held that the arbitration clause was legally independent of the main contract and that its existence and effectiveness were established by the parties' common intention, without reference to a state law except for mandatory French rules and international public policy.

   Participants

   Dalico Contractors

   Committee of the Municipality of Tripoli (Libya)

   French Court of Cassation

   Authorities cited

   1

   • Libyan contract law
     statute
3. Date not availableArbitration

   Date not availableArbitration

   Arbitral Award on the Existence and Validity of the Arbitration Clause in Dalico Contractors v Committee of the Municipality of Tripoli (Libya)

   Decision summary

   The arbitral tribunal held that the arbitration clause existed and was valid and effective.

   Participants

   Dalico Contractors

   Committee of the Municipality of Tripoli (Libya)