General Dynamics United Kingdom Ltd v The State of Libya
The court has jurisdiction to dispense with service under the circumstances, as section 12 of the State Immunity Act does not preclude such an order, and it is fair and just to do so given the difficulties of service and the State of Libya's awareness of the proceedings.
- Parties
- Claimant: General Dynamics United Kingdom Limited; Defendant: The State of Libya
- Jurisdiction
- England and Wales
- Judgment Date
- 20 July 2018
- Procedural Posture
- Arbitration Enforcement / Application for Order Dispensing With Service
- Outcome
- order granted
- Legal Topics
- Enforcement of Arbitral Awards, Dispensing With Service, State Immunity Act 1978
Case Brief
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Parties
General Dynamics United Kingdom Limited
Claimant
The State of Libya
Defendant
Procedural Posture
Arbitration Enforcement / Application for Order Dispensing With Service
Legal Issues
- 1 Whether the court should dispense with service of the arbitration claim on the State of Libya
- 2 Whether dispensing with service conflicts with section 12 of the State Immunity Act
Ratio Decidendi
The court has jurisdiction to dispense with service under the circumstances, as section 12 of the State Immunity Act does not preclude such an order, and it is fair and just to do so given the difficulties of service and the State of Libya's awareness of the proceedings.
Court Disposition
order granted
Orders
- Service of the arbitration claim on the State of Libya is dispensed with.
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