General Dynamics United Kingdom Ltd v The State of Libya [2025] EWCA Civ 134 (19 February 2025)

Clause 32 of the contract, interpreted under Swiss law and in context with the ICC Arbitration Rules, constitutes written consent by Libya to enforcement of the arbitration award against its property within the meaning of section 13(3) State Immunity Act 1978; no special or particular words are required beyond unequivocal expression of consent.

Citation: [2025] EWCA Civ 134
Parties: Claimant/respondent: General Dynamics United Kingdom Limited; Defendant/appellant: The State of Libya
Jurisdiction: England and Wales
Judgment Date: 19 February 2025
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: State Immunity From Enforcement, Arbitration Award Enforcement, Interpretation of Waiver Clauses, Consent Under State Immunity Act 1978

International Law Arbitration State Immunity Commercial Law State Immunity From Enforcement Arbitration Award Enforcement Interpretation of Waiver Clauses Consent Under State Immunity Act 1978

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Parties

General Dynamics United Kingdom Limited

Claimant/respondent

The State of Libya

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 Whether Libya consented in writing to execution against its property for enforcement of an ICC arbitration award under section 13(3) State Immunity Act 1978
2 Proper construction of clause 32 of the contract as waiver of enforcement immunity

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Final charging order in favour of GDUK over property owned by Libya at 7 Winnington Close, London N2 0UA upheld
Libya's application to discharge interim charging order dismissed