The Paris Court of Appeal overturned the ICC`s 452 million euro decision against Libya by a French construction company after finding it was based on a fraudulent settlement agreement. In a letter dated December 11, 2008, the U.S. State Department`s legal counsel, John B. Bellinger, III, requested, in accordance with point 22.C No. 1623 (a) (1) (C), that the Commission decide to prosecute Libya by U.S. nationals. On 23 March 2009, the Commission published in the Federal Register a communication concerning the launch of Libya`s claims programme in accordance with Title I of the International Claims Settlement Act of 1949 and the Letter of Recommendation of the Legal Counsel of December 2008. Reg. 12,148 (March 23, 2009). An international arbitration between an investor and a state; – in whole or in part on the basis of an IGE, such as. B a bilateral investment agreement or the investment chapter of a free trade agreement (not included are investor-state disputes that are exclusively based on national investment contracts or rules); Arbitration by arbitration or arbitration application, and when such an application is registered, if any (cases in which one party has not informed only the other party of the existence of a dispute or has indicated its intention to make an application but has not yet commenced arbitration). In 2013, the Commission completed the decision on all applications for the first and second programmes.
On March 11, 2013, the Commission published a communication in the Federal Register announcing the completion date of May 21, 2013 for these programs. Communication on the closing of the auction claims program, 78 Fed. Reg. 15,377 (March 11, 2013). At the time of completion, the Commission had adopted final decisions on all claims in both programmes. Copies of the decisions are available in the Commission`s reading room. (iii) Neither the dismissal of the action nor anything in that order affects a foreigner`s ability to pursue other available remedies for Article I claims before foreign courts or by the efforts of foreign governments. Open this in NEW TAB`s EXCEL ISDS dataset (July 31, 2019) Isds Navigator The UNCTAD Investment Dispute Settlement Navigator – the ISDS browser – is managed by the IIA section of UNCTAD. The IsY Navigator contains information on known international arbitration procedures initiated by investors against states under International Investment Agreements (AI). These arbitration procedures are also referred to as contract-based investor-state dispute settlement procedures (IDRS). Please quote as: UNCTAD, Investment Dispute Settlement Navigator, available on investmentpolicy.unctad.org/investment-dispute-settlement UPDATED.
Two ICC arbitration proceedings, valued at more than $1.4 billion, resulted in victories for the Libyan National Oil Corporation, the courts dismissed complaints from Emirati owners and operators of the country`s largest refinery, and, in the most recent case, resulted in a $116 million counter-action. By the power conferred on Mir as President by the Constitution and the laws of the United States of America and, under August 14, 2008, an agreement on the settlement of claims between the United States of America and Libya (“Claims Settlement Agreement “) and in recognition of August 31, 2008. On October 27, 2008, the Secretary of State issued a document from the Secretary of State pursuant to Section 5 A (2) of the Libya Claims Resolution Act (Public Law 110-301) regarding the continuation of the process of normalizing relations between the United States and Libya. On 14 November 2013, the Ministry of Foreign Affairs referred certain categories of claims against Libya to the Commission as part of the settlement agreement between the United States of America and the Greater Libyan People`s Arab Socialist Jamahiriya of 14 August, 2008, as stipulated in the Libyan Claims Resolution Act, Pub.