General Dynamics United Kingdom Limited v State of Libya (Court of Appeal [2025] EWCA Civ 134)

Procedural record

1. 19 February 2025United Kingdom

   19 February 2025United Kingdom

   Judgment of the Court of Appeal (Civil Division) in case CA-2024-000810 dated 19 February 2025

   Court of Appeal (Civil Division)

   Case no.

   CA-2024-000810

   Citation

   [2025] EWCA Civ 134

   Decision summary

   The Court of Appeal dismissed Libya's appeal and held that clause 32 of the Swiss-law contract, read with the ICC Arbitration Rules, expressed Libya's written consent under section 13(3) of the State Immunity Act 1978 to enforcement and execution of the ICC award against its property.

   Participants

   General Dynamics United Kingdom Limited

   Representative

   Joe Smouha KC (For: General Dynamics United Kingdom Limited)

   Representative

   James Ruddell (For: General Dynamics United Kingdom Limited)

   Representative

   Freshfields Bruckhaus Deringer LLP (For: General Dynamics United Kingdom Limited)

   The State of Libya

   Representative

   Richard Lissack KC (For: The State of Libya)

   Representative

   Jacob Turner (For: The State of Libya)

   Representative

   Squire Patton Boggs (UK) LLP (For: The State of Libya)

   Court of Appeal (Civil Division)

   Judge

   Lord Justice Lewison

   Judge

   Lord Justice Phillips

   Judge

   Lord Justice Zacaroli

   Authorities cited

   14

   • State Immunity Act 1978
     statute
   • Arbitration Act 1996
     statute
   • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958)
     treaty
   • European Convention on State Immunity, 1972
     treaty
   • General Dynamics United Kingdom Ltd v State of Libya ([2021] UKSC 22; [2022] AC 318)
     case-law
   • Alcom Ltd v Republic of Colombia ([1984] AC 580)
     case-law
   • Svenska Petroleum Exploration v Lithuania ([2006] EWCA Civ 1529; [2007] QB 886)
     case-law
   • Infrastructure Services Luxembourg S.A.R.L. v Spain ([2024] EWCA Civ 1257)
     case-law
   • Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd ([1974] AC 689)
     case-law
   • Triple Point Technology Inc v PTT Public Co Ltd ([2021] UKSC 29; [2021] AC 1148)
     case-law
   • Assange v Swedish Prosecution Authority (Nos 1 and 2) ([2012] UKSC 22; [2012] 2 AC 471)
     case-law
   • Creighton Ltd v Qatar (Cour de Cassation, 6 July 2000)
     case-law
   • Walker International Holdings Ltd v The Republic of Congo (United States Court of Appeals for the Fifth Circuit, 22 December 2004)
     case-law
   • Orascom Telecom Holding SAE v Chad ([2008] EWHC 1841; [2009] 1 All ER (Comm) 315)
     case-law
2. Date not availableSwitzerland

   Date not availableSwitzerland

   ICC arbitral award published 5 January 2016

   International Chamber of Commerce

   Decision summary

   The ICC award required the State of Libya to pay £16,114,120.62 to General Dynamics United Kingdom Limited; it was later recognised in England and Wales with leave to enforce it as a judgment.

   Participants

   General Dynamics United Kingdom Limited

   The State of Libya

   International Chamber of Commerce