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, when interpreted according to Swiss law and in the context of a commercial agreement, constitutes written consent by the State of Libya to enforcement against its assets, thereby waiving immunity from execution under s.13(3) of the State Immunity Act 1978. The phrase 'wholly enforceable' is not limited to adjudicative immunity but extends to enforcement against property.

Parties
Claimant: General Dynamics United Kingdom Limited; Defendant: The State of Libya
Jurisdiction
England and Wales
Judgment Date
04 September 2024
Procedural Posture
Commercial Enforcement (charging Order Application) / Final Determination of Application for Final Charging Order
Outcome
Application for final charging order granted; interim charging order made final.
Legal Topics
Enforcement of Arbitral Awards, State Immunity From Execution, Interpretation of Waiver Clauses, Applicable Law in Contract Interpretation
Arbitration State Immunity Commercial Law Enforcement of Arbitral Awards State Immunity From Execution Interpretation of Waiver Clauses Applicable Law in Contract Interpretation

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Parties

General Dynamics United Kingdom Limited

Claimant

The State of Libya

Defendant

Procedural Posture

Commercial Enforcement (charging Order Application) / Final Determination of Application for Final Charging Order

Legal Issues

  1. 1 Whether the State of Libya's property is immune from execution under s.13(2)(b) of the State Immunity Act 1978
  2. 2 Whether clause 32 of the contract constitutes written consent to enforcement within the meaning of s.13(3) of the State Immunity Act 1978

Ratio Decidendi

Clause 32 of the contract, when interpreted according to Swiss law and in the context of a commercial agreement, constitutes written consent by the State of Libya to enforcement against its assets, thereby waiving immunity from execution under s.13(3) of the State Immunity Act 1978. The phrase 'wholly enforceable' is not limited to adjudicative immunity but extends to enforcement against property.

Court Disposition

Application for final charging order granted; interim charging order made final.

Orders

  • The interim charging order is made final over the property at 7 Winnington Close, London, N2 0UA.