Matter
State of Libya v Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi (Paris Court of Appeal RG 21/06118)
- 29 October 2012Libya
29 October 2012Libya
El Beida Court of First Instance Judgment dated 29 October 2012
El Beida Court of First Instance
- Decision summary
- The court ordered the State of Libya to pay Etrak LYD 1,906,360 with interest at 7.5% annually from 18 January 1991 and LYD 1,000,000 in damages.
5 years, 3 months and 3 days later · 1921 days
- 1 February 2018Libya
1 February 2018Libya
Libyan Court of Appeal Judgment dated 1 February 2018
Libyan Court of Appeal
- Decision summary
- The court set aside the El Beida judgment because service of the initiating document was invalid.
1 year, 3 months and 1 day later · 455 days
- 2 May 2019Libya
2 May 2019Libya
Tripoli-Nord Court of First Instance Oral Judgment dated 2 May 2019
Tripoli-Nord Court of First Instance
- Decision summary
- The court annulled the 9 December 2013 settlement protocol, holding that the Libyan Ministry of Finance under-secretary lacked authority to bind the State of Libya.
2 months and 20 days later · 81 days
- 22 July 2019Arbitration
22 July 2019Arbitration
ICC Arbitral Award No. 22236/ZF/AYZ dated 22 July 2019
International Chamber of Commerce
- Award no.
- 22236/ZF/AYZ
- Decision summary
- The tribunal rejected Libya's jurisdictional objections, upheld jurisdiction over Etrak's treaty claims, found Libya in breach of Article 2(2) of the Turkey–Libya bilateral investment treaty for failing to provide fair and equitable treatment, and awarded Etrak USD 21,865,554 including pre-award interest. It rejected moral damages and the other claims, awarded post-award interest at LIBOR plus 3% compounded annually, allocated each side's own proceeding costs, and ordered Libya to pay the ICC arbitration costs and USD 478,850 in compensation for Etrak's costs.
Supporting details
1 authority · 5 participantsState of Libya
Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi
International Chamber of Commerce
- Arbitrator
- Dr. [Z] [G]
- Arbitrator
- Mr. [O] M. [L]
- Arbitrator
- Mme [E] [X]
5 months and 30 days later · 183 days
- 21 January 2020France
21 January 2020France
Paris Judicial Court Enforcement Order dated 21 January 2020
Paris Judicial Court
- Decision summary
- The Paris Judicial Court declared the ICC arbitral award enforceable in France.
9 months and 12 days later · 286 days
- 2 November 2020Switzerland
2 November 2020Switzerland
Swiss Federal Supreme Court Decision dated 2 November 2020
Swiss Federal Supreme Court
- Decision summary
- The court rejected Libya's application to set aside the ICC arbitral award.
11 months and 2 days later · 336 days
- 4 October 2021Germany
4 October 2021Germany
Munich Court of Appeal Judgment dated 4 October 2021
Munich Court of Appeal
- Decision summary
- The court rejected Etrak's application for exequatur of the ICC arbitral award.
1 year and 22 days later · 387 days
- 26 October 2022France
26 October 2022France
Paris Judicial Court Case Management Judge Decision dated 26 October 2022
Paris Judicial Court, Case Management Judge
- Decision summary
- The case-management judge stayed the parties' claims in the related recognition and exequatur proceedings pending the Paris Court of Appeal's decision on the appeal concerning the ICC award.
4 months and 16 days later · 139 days
- 14 March 2023France
14 March 2023France
Judgment of the Paris Court of Appeal in RG 21/06118 dated 14 March 2023
Paris Court of Appeal, International Commercial Chamber, Pole 5, Chamber 16
- Citation
- Paris Court of Appeal, International Commercial Chamber, Pole 5, Chamber 16, Judgment No. 24/2023
- Decision summary
- The court joined the two appeal proceedings, rejected Libya's incidental request for exequatur of the Tripoli-Nord judgment, and confirmed the Paris Judicial Court order granting exequatur in France to the ICC award. It declared Etrak's abuse-of-procedure claim inadmissible, rejected Libya's Article 700 claim, ordered Libya to pay Etrak EUR 150,000 under Article 700 of the French Code of Civil Procedure, and ordered Libya to pay the costs.
Supporting details
7 authorities · 12 participantsState of Libya
- Representative
- Patricia Hardouin (For: State of Libya)
- Representative
- Rémi Kleiman (For: State of Libya)
- Representative
- Sarah Monnerville (For: State of Libya)
Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi
- Representative
- Luca De Maria (For: Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi)
- Representative
- Thomas Clay (For: Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi)
- Representative
- Taha Zahedi Vafa (For: Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi)
Paris Court of Appeal, International Commercial Chamber, Pole 5, Chamber 16
- Judge
- Daniel Barlow
- Judge
- Fabienne Schaller
- Judge
- Laure Aldebert
Other
- Court Reporter
- Najma El Farissi