Matter
Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi v The State of Libya
- 29 October 2012Libya
29 October 2012Libya
Judgment of the El Beida Court of First Instance dated 29 October 2012
El Beida Court of First Instance
- Decision summary
- The El Beida Court of First Instance ordered Libya to pay Etrak sums arising from unpaid invoices for public-works contracts with Libyan entities in the 1980s; the judgment was later annulled on appeal.
Supporting details
2 participantsState of Libya
Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi
El Beida Court of First Instance
6 years, 6 months and 3 days later · 2376 days
- 2 May 2019Libya
2 May 2019Libya
Judgment of the North Tripoli Court dated 2 May 2019
North Tripoli Court
- Decision summary
- The North Tripoli Court annulled the 9 December 2013 settlement agreement relied on in Etrak's investment-arbitration claim.
Supporting details
2 participantsState of Libya
Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi
North Tripoli Court
2 months and 20 days later · 81 days
- 22 July 2019Arbitration
22 July 2019Arbitration
ICC Award No. 22236/ZF/AYZ issued in Geneva on 22 July 2019
International Chamber of Commerce
- Award no.
- 22236/ZF/AYZ
- Decision summary
- The arbitral tribunal upheld jurisdiction over all of Etrak's claims, held that Libya had breached Article 2(2) of the Libya–Turkey bilateral investment treaty by failing to accord fair and equitable treatment, and ordered Libya to pay various sums.
Supporting details
2 participantsEtrak Insaat Taahhüt Ve Ticaret Anonim Sirketi
State of Libya
International Chamber of Commerce
3 years, 7 months and 20 days later · 1331 days
- 14 March 2023France
14 March 2023France
Judgment of the Paris Court of Appeal dated 14 March 2023
Paris Court of Appeal, International Commercial Chamber, Division 5, Chamber 16
- Decision summary
- The Paris Court of Appeal confirmed the order granting exequatur to the 22 July 2019 ICC award and rejected Libya's request for exequatur of the North Tripoli judgment; the Court of Cassation later quashed this judgment.
Supporting details
2 participantsState of Libya
Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi
Paris Court of Appeal, International Commercial Chamber, Division 5, Chamber 16
1 year, 6 months and 25 days later · 575 days
- 9 October 2024France
9 October 2024France
Judgment of the French Court of Cassation, First Civil Chamber, in case T 23-14.368 dated 9 October 2024
French Court of Cassation, First Civil Chamber
- Citation
- Arrêt No. 363 FS-D
- Decision summary
- The Court of Cassation quashed the Paris Court of Appeal judgment that had confirmed exequatur of the ICC award and rejected Libya's request for exequatur of the North Tripoli judgment. It held that treating the dispute over the 2013 settlement as temporally autonomous from the earlier construction dispute placed it outside the bilateral investment treaty's material scope, and remanded the case to a differently composed Paris Court of Appeal. Libya was awarded EUR 3,000 under Article 700 of the French Code of Civil Procedure.
Supporting details
3 authorities · 14 participantsState of Libya
- Representative
- SARL Delvolvé et Trichet (For: State of Libya)
Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi
French Court of Cassation, First Civil Chamber
- Judge
- Champalaune
- Judge
- Ancel
- Judge
- Guihal
- Judge
- Bruyère
- Judge
- Peyregne-Wable
- Judge
- Tréard
- Judge
- Corneloup
- Judge
- Kloda
- Judge
- Robin-Raschel
- Advocate General
- Poirret
Other
- Institutional administrator
- Vignes