Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Sweden
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Sweden/1980/258
- Useful links
-
http://www.infotorg.sema.se
- Translations
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- No translations
- Add a translation
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Sweden - Jurisprudence of 18/06/1980
Database of the CAHDI "The immunities of States and international organisations" - contribution of Sweden - Jurisprudence of 18/06/1980
Libyan American Oil Company v. Libya (State)
Author(ity)
Svea Court of Appeal (Svea hovrätt)
Date of the decision, of the judgment
18/06/1980
Points of law
The Court of Appeal finds that Libya, by the approval of an arbitration clause, has waived its immunity.Summary of the case
In an agreement for an oil license between the Company and the State an arbitration clause was included for the settlement of disputes. After a dispute had arisen and an arbitration had been passed, the Company applied for the arbitration to be executed as a Swedish judgement that has acquired legal force. Libya raised objections and claimed immunity from the jurisdiction of Swedish courts.The Svea Court of Appeal found that by the approval of the arbitration clause Libya had waived its immunity. Thereafter, Libya appealed to the Supreme Court whereupon the Company withdrew its case.
Sources
Rättsfall från Hovrätterna 1981, Case No. 76:81Additional information (explanations, notes, etc.)
- Supreme Court decision 21 December 1972 (Nytt Juridiskt Arkiv 1972, Avd. I, Case No. 1972c434)- Supreme Court decision 30 December 1999 (Nytt Juridiskt Arkiv 1999, Avd. I, Case No. 1999:112)
