GENERAL DYNAMICS UNITED KINGDOM LTD V THE STATE OF LIBYA

[2025] EWCA Civ 134, Court of Appeal, Lord Justice Lewison, Lord Justice Phillips and Lord Justice Zacaroli, 19 February 2025

Arbitration – Sovereign immunity – Whether state had waived execution immunity – State Immunity Act 1978, section 13

In May 2008 the parties entered into a contract whereby GDUK was to supply a Tactical Communications and Information System to Libya for the price of £84 million. The contract was governed by Swiss law, and by clause 32 any dispute was to be arbitrated under the Rules of Arbitration of the International Chamber of Commerce. Clause 32 concluded with the words "Both parties agree that the decision of the arbitration panel shall be final, binding and wholly enforceable".