Arbitral Digest

Matter

Güris Insaat ve Muhendislik A.S. v State of Libya (Paris Court of Appeal RG 22/03773)

Case no.
ICC 22137/ZF/AYZ
Seat
France
Applicable rules
2012 ICC Arbitration Rules
  1. 4 February 2020France

    4 February 2020France

    Partial Award of 4 February 2020

    International Chamber of Commerce

    Decision summary
    The claims concerning breach of the full protection and security standard under Article 2(2) of the Turkey-Libya BIT and violation of Article 4 were partially granted; all other claims were dismissed, while damages for the 22 November 2016 incident and the expropriation were reserved for a subsequent award.

    Supporting details

    1 authority · 2 participants
    Güris Insaat ve Muhendislik A.S.
    State of Libya
    International Chamber of Commerce

    Authorities cited

    1
    • Turkey-Libya Bilateral Investment Treaty of 25 November 2009
      treaty

    1 year, 9 months and 19 days later · 658 days

  2. 23 November 2021France

    23 November 2021France

    Final Award of 23 November 2021

    International Chamber of Commerce

    Decision summary
    Güris Insaat ve Muhendislik A.S.'s claim for damages for breach of Article 4 of the Turkey-Libya BIT and its claim for moral damages were rejected. Güris was ordered to bear 70% of the arbitration costs and 70% of Libya's arbitration costs, and to pay Libya EUR 1,458,102.53 with interest at €STR plus 1%.

    Supporting details

    1 authority · 2 participants
    Güris Insaat ve Muhendislik A.S.
    State of Libya
    International Chamber of Commerce

    Authorities cited

    1
    • Turkey-Libya Bilateral Investment Treaty of 25 November 2009
      treaty

    2 years and 26 days later · 756 days

  3. 19 December 2023France

    19 December 2023France

    Judgment of the Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16 in case RG 22/03773 dated 19 December 2023

    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16

    Case no.
    RG 22/03773
    Decision summary
    The court rejected Güris Insaat ve Muhendislik A.S.'s application to set aside the final award in ICC case 22137/ZF/AYZ. It held that the arbitral tribunal had fulfilled its mission, respected the principle of contradiction, and did not produce a result contrary to international public policy; Güris was ordered to pay the State of Libya EUR 20,000 under Article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    3 authorities · 13 participants
    Güris Insaat ve Muhendislik A.S.
    Representative
    Luca DE MARIA (For: Güris Insaat ve Muhendislik A.S.)
    Representative
    SELARL PELLERIN - DE MARIA - GUERRE (For: Güris Insaat ve Muhendislik A.S.)
    Representative
    Thomas CLAY (For: Güris Insaat ve Muhendislik A.S.)
    Representative
    Taha ZAHEDI VAFA (For: Güris Insaat ve Muhendislik A.S.)
    Representative
    CLAY ARBITRATION (For: Güris Insaat ve Muhendislik A.S.)
    State of Libya
    Representative
    Carole SPORTES LEIBOVICI (For: State of Libya)
    Representative
    SELARL HAUSSMANN ASSOCIES- SQUIRE PATTON BOGGS (For: State of Libya)
    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16
    Other
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    3
    • Turkey-Libya Bilateral Investment Treaty of 25 November 2009
      treaty
    • French Code of Civil Procedure
      statute
    • European Convention on Human Rights
      treaty

Matter record

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Güris Insaat ve Muhendislik A.S. v State of Libya (Paris Court of Appeal RG 22/03773) · Matter