Libya

Libya

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2020 Özer and Dirlik v. Libya Mustafa Orhan Özer and Nurettin Mendost Dirlik v. Libya Libya - Turkey BIT (2009) UNCITRAL Data not available Investment: Investments in construction projects.

Summary: Claims arising out of the alleged expropriation of the claimants’ construction projects in Libya.
Investments in construction projects. Pending Libya Turkey Tertiary: F - Construction 41 - Construction of buildings Data not available Data not available Data not available Data not available Pending None None None None None None None
2 2019 Trasta v. Libya Trasta Energy Limited v. The State of Libya OIC Investment Agreement (1981) UNCITRAL None Investment: Investments in an oil refinery in Ras Lanuf, Libya, as part of a joint venture with Libya’s National Oil Corporation (NOC).

Summary: Claims arising out of the Government’s alleged failure to protect the claimant’s investment in an oil refinery since the start of the civil war in Libya in 2011, including acts and omissions by the claimant’s joint venture partner NOC. According to the claimant, the oil refinery was damaged due to occupation and misuse, and it had to cease operations in 2013.
Investments in an oil refinery in Ras Lanuf, Libya, as part of a joint venture with Libya’s National Oil Corporation (NOC). Pending Libya United Arab Emirates Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Name not available - President

Aynès, L. - Claimant

Name not available - Respondent
Data not available Data not available Data not available Pending None None None None None None None
3 2018 Simplex v. Libya Simplex Projects Ltd. v. Libya India - Libya BIT (2007) Data not available Data not available Investment: Investments in the construction of 2,000 residential housing units and related infrastructure in Libya under a contract with the Government.

Summary: Claims arising out of the suspension of the claimant’s operations due to civil unrest in Libya since February 2011, after the claimant had been awarded a contract by the Government for a housing development project and started construction activities in 2009.
Investments in the construction of 2,000 residential housing units and related infrastructure in Libya under a contract with the Government. Pending Libya India Tertiary: F - Construction 41 - Construction of buildings Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Data not available Data not available Data not available None None None None None
4 2017 Ustay v. Libya Ustay Yapi Taahhut ve Ticaret AS v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Brower, C. N. - Claimant

Vinuesa, R. E. - Respondent

Cheng, T. - President (replaced)

Thambiayah, A. J. - President
Data not available Data not available Data not available Pending None None None None None None None
5 2016 Cengiz v. Libya Cengiz İnşaat Sanayi ve Ticaret A.S. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment: Contracts with a state-owned company for the construction of several infrastructure projects.

Summary: Claims arising out of the Government’s alleged actions and omissions during the civil war in Libya, which resulted in the destruction of the claimant’s construction sites.
Contracts with a state-owned company for the construction of several infrastructure projects. Decided in favour of investor Libya Turkey Tertiary: F - Construction 42 - Civil engineering Fernández-Armesto, J. - President

Mayer, P. - Claimant

Khairallah, G. - Respondent
300.00 mln USD 50.00 mln USD Full protection and security, or similar Full protection and security, or similar Award dated 2018 None Judicial review by national courts Pending (Judicial review by national courts) None None None
6 2016 D.S. Construction v. Libya D.S. Construction FZCO v. Libya (PCA Case No. 2017-21) OIC Investment Agreement (1981) UNCITRAL PCA Investment: Contracts for 19 construction projects in Libya.

Summary: Claims arising out of the State’s acts and omissions prior to, during and after the revolution in Libya, which allegedly caused damages to the claimant’s investment.
Contracts for 19 construction projects in Libya. Pending Libya United Arab Emirates Data not available Data not available Simma, B. - President

Alexandrov, S. A. - Claimant

Ziadé, N. - Respondent
525.00 mln USD Data not available Data not available Pending None None None None None None None
7 2016 Etrak v. Libya Etrak İnşaat Taahut ve Ticaret Anonim Sirketi v. State of Libya (ICC Case No. 22236/ZF/AYZ) Libya - Turkey BIT (2009) ICC ICC Investment: Investments in construction projects.

Summary: Claims arising out of the government’s non-payment of compensation under a 2013 settlement agreement with the claimant related to various constructions projects.
Investments in construction projects. Decided in favour of investor Libya Turkey Tertiary: F - Construction 41 - Construction of buildings Hobér, K. - President

Townsend, J. M. - Claimant

Kalicki, J. E. - Respondent
Data not available 21.90 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation

Umbrella clause
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Final Award dated 22 July 2019 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Swiss Federal Tribunal dated 2 November 2020 (German) (Judicial review by national courts) None None
8 2016 Güriş v. Libya Güriş İnşaat ve Mühendislik A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction 41 - Construction of buildings Tercier, P. - President

Sachs, K. - Claimant

Landau, T. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
9 2016 Nurol v. Libya Nurol İnşaat ve Ticaret A.Ş. v. Libya Libya - Turkey BIT (2009) ICC ICC Investment:

Summary:
Pending Libya Turkey Tertiary: F - Construction

Tertiary: F - Construction
41 - Construction of buildings

42 - Civil engineering
Drymer, S. L. - President

Park, W. W. - Claimant

Boisson de Chazournes, L. - Respondent
Data not available Data not available Data not available Pending Decision on Jurisdiction dated 2018 None Judicial review by national courts Pending (Judicial review by national courts) None None None
10 2016 Öztaş Construction v. Libya Öztaş Construction, Construction Materials Trading Inc. v. The State of Libya (ICC Arbitration No. 21603/ZF/AYZ) Libya - Turkey BIT (2009) ICC ICC Investment: Investments in a water supply and transport project along a section of the “great man-made river” pipeline under a contract with the Libyan Investment Development Company (LIDCo).

Summary: Claims arising out of the Libyan Investment Development Company’s alleged non-payment of compensation to the claimant pursuant to a mutual termination of a 2008 contract between the claimant and the Libyan company.
Investments in a water supply and transport project along a section of the “great man-made river” pipeline under a contract with the Libyan Investment Development Company (LIDCo). Decided in favour of State Libya Turkey Tertiary: F - Construction 42 - Civil engineering Grierson, J. - President

Ayoğlu, T. - Claimant

Abdel Wahab, M. S. - Respondent
2.90 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - all claims dismissed at the merits stage Final Award dated 14 June 2018 Dissenting Opinion of Tolga Ayoğlu None None None None None
11 2015 Strabag v. Libya Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1) Austria - Libya BIT (2002) ICSID AF ICSID Investment:

Summary: Claims arising out of alleged non-payment for services under contracts entered into prior to the revolution in Libya and damages for the alleged theft of equipment post-revolution.
Decided in favour of investor Libya Austria Tertiary: F - Construction 42 - Civil engineering Crivellaro, A. - Claimant

Ziadé, N. - Respondent

Crook, J. R. - President
80.00 mln USD 74.90 mln EUR (84.00 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Losses sustained due to insurrection, war, or similar events

Arbitrary, unreasonable and/or discriminatory measures

Indirect expropriation

Full protection and security, or similar

Umbrella clause
Losses sustained due to insurrection, war, or similar events

Umbrella clause
Award dated 29 June 2020 Partial Dissenting Opinion by Nassib G. Ziadé Judicial review by national courts Pending (Judicial review by national courts) None None None
12 2015 Tekfen and TML v. Libya Tekfen, TML, Tekfen-TML joint venture v. Libya Libya - Turkey BIT (2009) ICC ICC Investment: Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV.

Summary: Claims arising out of the suspension of operations of the claimants’ joint venture Tekfen TML JV related to the Great Man Made River project, in which Tekfen TML JV was involved since 2006 as a contractor of the Libyan Man-Made River Authority, and the evacuation of its work sites owing to civil unrest and to adverse developments in Libya since February 2011.
Investments in the construction of a large water pipeline network undertaken by the joint venture Tekfen TML JV. Pending Libya Turkey Tertiary: F - Construction 42 - Civil engineering Rowley, J. W. - President

Born, G. B. - Claimant

Kaufmann-Kohler, G. - Respondent
184.50 mln EUR (201.60 mln USD) Data not available Data not available Pending Data not available Data not available None None None None None
13 2015 Way2B v. Libya Way2B ACE v. Libya Libya - Portugal BIT (2003) ICC ICC Investment: Contracts for the design and construction of two university complexes with Libya’s Organization for the Development of Administrative Centres (ODAC).

Summary: Claims arising out of a Libyan state entity’s failure to perform its contracts with the claimant for the construction of two university compounds prior to the civil war in Libya. The claimant also allegedly incurred losses and destruction of assets during and after the civil war.
Contracts for the design and construction of two university complexes with Libya’s Organization for the Development of Administrative Centres (ODAC). Decided in favour of State Libya Portugal Tertiary: F - Construction 41 - Construction of buildings Glick, I. - President

Hanotiau, B. - Claimant

Douglas, Z. - Respondent
53.00 mln EUR (60.70 mln USD) Data not available Data not available None - all claims dismissed at the merits stage Award dated 24 May 2018 None None None None None None
14 2014 Olin v. Libya Olin Holdings Limited v. State of Libya (ICC Case No. 20355/MCP) Cyprus - Libya BIT (2004) ICC ICC Investment: Investments in a dairy and juice factory in Tripoli.

Summary: Claims arising out of the alleged expropriation of the claimant’s dairy and juice factory.
Investments in a dairy and juice factory in Tripoli. Decided in favour of investor Libya Cyprus Secondary: C - Manufacturing 10 - Manufacture of food products Comair-Obeid, N. - President

Ziadé, N. - Claimant

Fadlallah, I. - Respondent
104.90 mln EUR (122.90 mln USD) 18.20 mln EUR (21.30 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Full protection and security, or similar

National treatment

Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

National treatment

Direct expropriation
Final Award dated 25 May 2018

Partial Award on Jurisdiction dated 28 June 2016
None None None None None None
15 2013 Shinhan v. Libya Shinhan Engineering & Construction Co. v. Libya Korea, Republic of - Libya BIT (2006) Ad hoc None Investment: Investments in the construction of 5,000 Housing Units & Service Building in Tripoli City under a contract with the Government.

Summary:
Investments in the construction of 5,000 Housing Units & Service Building in Tripoli City under a contract with the Government. Pending Libya Korea, Republic of Tertiary: F - Construction 41 - Construction of buildings Name not available - President

Name not available - Claimant

Name not available - Respondent
2000.00 mln USD Data not available Data not available Pending Data not available Data not available None None None None None
16 2013 Sorelec v. Libya Sorelec v. State of Libya (ICC Case No. 19329/MCP/DDA) France - Libya BIT (2004) ICC ICC Investment: Investments in the construction of schools, housing units and other buildings under a contract with a government entity.

Summary: Claims arising out of a government entity’s non-payment of amounts due under settlement agreements with the claimant related to a construction contract that the parties concluded in 1979.
Investments in the construction of schools, housing units and other buildings under a contract with a government entity. Decided in favour of investor Libya France Tertiary: F - Construction 41 - Construction of buildings Fortier, L. Y. - President

Hanotiau, B. - Claimant

Loquin, E. - Respondent
109.20 mln EUR (134.30 mln USD) 452.00 mln EUR (555.80 mln USD) Data not available Data not available Interim Award dated 20 December 2017

Final Award dated 10 April 2018
None Judicial review by national courts

Judicial review by national courts
Award/decision set aside in its entirety (Judicial review by national courts)

Award/decision set aside in its entirety (Judicial review by national courts)
Judgment of Paris Court of Appeal dated 17 November 2020 (I) (French) (Judicial review by national courts)

Judgment of Paris Court of Appeal dated 17 November 2020 (II) (French) (Judicial review by national courts)
None None
17 2011 Al-Kharafi v. Libya and others Mohamed Abdulmohsen Al-Kharafi & Sons Co. v. Libya and others Arab Investment Agreement (1980) Ad hoc CRCICA Investment: Rights under a lease agreement for the establishment of a tourism project concluded with the Tourism Development Authority.

Summary: Claims arising out of the issuance of a decision by the Libyan Minister of Industry, Economy and Trade by virtue of which a licence previously granted to the claimant for the establishment of a touristic investment project in Tripoli, Libya, was annulled.
Rights under a lease agreement for the establishment of a tourism project concluded with the Tourism Development Authority. Decided in favour of investor Libya Kuwait Tertiary: L - Real estate activities 68 - Real estate activities El-Ahdab, A. H. - President

Fawzi, I. - Claimant

El-Kamoudi El-Hafi, M. - Respondent
1144.90 mln USD 935.00 mln USD Arbitrary, unreasonable and/or discriminatory measures

Other
Arbitrary, unreasonable and/or discriminatory measures Final Arbitral Award dated 22 March 2013 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Arab Investment Court dated 12 June 2014 (Judicial review by national courts)

Judgment of the Paris Court of Appeal dated 28 October 2014 (Judicial review by national courts)
None None
18 2011 Ghenia v. Libya Slim Ben Mokhtar Ghenia v. Libya Germany - Libya BIT (2004) UNCITRAL None Investment: Shareholding of 50 per cent in a brick factory.

Summary: Claims arising out of events during the civil war in Libya, allegedly damaging the claimant’s assets related to a brick production.
Shareholding of 50 per cent in a brick factory. Pending Libya Germany Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Leboulanger, P. - President

Guiga, R. - Claimant

Slim, H. - Respondent
150.00 mln USD Data not available Data not available Pending Consent Award dated 9 December 2016

Decision dated 24 May 2019
None Judicial review by national courts Pending (Judicial review by national courts) None None None
19 2008 Intersema Bau v. Libya Intersema Bau AG v. Libya Libya - Switzerland BIT (2003) UNCITRAL Data not available Investment: Several construction contracts with a Libyan municipal authority.

Summary: Claims arising out of the Government’s alleged failure to uphold the terms of a 2005 settlement agreement between the claimant and the Government related to construction contracts for road, water, sewage and lighting infrastructure, including the non-payment of CHF 13 million of the 31 million settlement sum.
Several construction contracts with a Libyan municipal authority. Decided in favour of investor Libya Switzerland Tertiary: F - Construction 42 - Civil engineering Bernardini, P. - President

Heiskanen, V. - Claimant

Poncet, I. - Respondent
140.00 mln CHF (135.40 mln USD) 13.00 mln CHF (12.60 mln USD) Umbrella clause

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Award dated January 2010 None None None None None None