Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-21T18:58:20.080Z Has data issue: false hasContentIssue false

General Dynamics United Kingdom Ltd v. State of Libya

United Kingdom, England.  25 June 2021 .

Published online by Cambridge University Press:  09 February 2023

Get access

Abstract

Arbitration — Arbitral Tribunal of International Chamber of Commerce — Arbitral award — Damages — Failure to pay amount awarded — Enforcement proceedings — United Kingdom — Arbitration Act 1996 — Service of proceedings commenced in accordance with Arbitration Act 1996 — Whether service of proceedings must comply with State Immunity Act 1978 — Difficulty effecting service on defendant State

Comity — Comity of nations as an interpretative principle — Subjecting State to jurisdiction of the courts of another State — Procedure for service — State Immunity Act 1978 — Obligations of States in the marketplace — Commercial legal obligations of States

Human rights — Treaties — European Convention on Human Rights, 1950 — Article 6 — Access to jurisdiction of the courts — Relationship between Article 6 and State immunity — Whether requirement for service through diplomatic channels impeding Article 6 rights

Relationship of international law and municipal law — Customary international law — United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004 — State Immunity Act 1978 — Treaty provisions as an aid to interpretation of domestic law — Whether international custom existing at the time of passage of domestic law

State immunity — State Immunity Act 1978 — Service — Procedure for service — Whether Section 12(1) applicable — Whether arbitration claim form or enforcement order a document required to be served — Whether court having discretion to dispense with service on defendant State — Exceptional circumstances preventing service through diplomatic channels — The law of England

Type
Case Report
Copyright
© Cambridge University Press & Assessment 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)