General Dynamics United Kingdom Limited v The State of Libya

General Dynamics United Kingdom Limited v The State of Libya

Clause 32 of the contract, interpreted under Swiss law and in context of the ICC Rules, constitutes Libya's written consent to enforcement and execution of the arbitral award against its property within the meaning of section 13(3) SIA. The phrase 'wholly enforceable' is sufficient to waive execution immunity, and no higher standard or specific wording is required beyond unequivocal consent expressed in writing.

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
Civil Appeal / Appeal From High Court Final Order
Outcome
Appeal dismissed
Legal Topics
Waiver of State Immunity, Enforcement of Arbitral Awards, Interpretation of Arbitration Clauses, Execution Against State Property
International Arbitration State Immunity Commercial Law Waiver of State Immunity Enforcement of Arbitral Awards Interpretation of Arbitration Clauses Execution Against State Property

Case Brief

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Parties

General Dynamics United Kingdom Limited

Claimant/respondent

The State of Libya

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Final Order

Legal Issues

  1. 1 Whether clause 32 of the contract constitutes written consent by Libya to execution against its property under section 13(3) of the State Immunity Act 1978
  2. 2 Proper interpretation of section 13(3) SIA regarding waiver of immunity from execution
  3. 3 Construction of arbitration clause under Swiss law for purposes of English enforcement

Ratio Decidendi

Clause 32 of the contract, interpreted under Swiss law and in context of the ICC Rules, constitutes Libya's written consent to enforcement and execution of the arbitral award against its property within the meaning of section 13(3) SIA. The phrase 'wholly enforceable' is sufficient to waive execution immunity, and no higher standard or specific wording is required beyond unequivocal consent expressed in writing.

Court Disposition

Appeal dismissed

Orders

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