Libya - Chapter 8 - The Practitioner's Guide to Arbitration in the Middle East and North Africa
Mostafa Nagy, El-Dib Advocates Law Firm
A. Arbitration Laws
1. Please identify by title and date the principal laws and regulations governing (i) domestic and (ii) international arbitration in your State.
The principal laws and regulations governing domestic arbitration are:
1. The Arbitration Rules, Chapter Four, provisions 739 to 771 of the Libyan Civil Procedure Code of 1954, which are the main rules governing arbitration in Libya;
2. The Petroleum Law of 1955, which includes an arbitration provision;
3. The Law of the Chamber of Commerce of 1973 and 2004, which allows for the establishment of an arbitral and conciliation council; and
4. The Investment Law No.5 of 1997, which authorises agreements between foreign investors and the Libyan State to be settled by means of investment dispute arbitration.
2. Please provide an electronic link (i) to an English language translation of the laws and regulations identified in Question 1 above and (ii) to the Arabic text.
3. Are any of the laws and regulations identified in Question 1 above based on the UNCITRAL Model Arbitration Law, including UNCITRAL’s Revised Articles? If so, is this expressly stated in the relevant laws and regulations?
The Arbitration Rules of 1954 were created before the issuance of the UNICTRAL Model, and none of the subsequent laws refer to it.