Unraveling the Libyan Investment Authority saga and its impact on Creditors’ Rights

Jacques-Alexandre Genet, Martin Brasart and Maëlle Thirard-Guerrier have contributed to the latest edition of the Paris Journal of International Arbitration, with a review of two significant rulings of the French Cour de cassation on 7 September 2022 on the interactions between asset freeze measures and enforcement proceedings, and a discussion of the ECJ ruling in Bank Sepah v. Overseas Financial Limited (11 November 2021) that they endorsed. The cases related to the notorious Al Kharafi/LIA dispute.

The paper reviews the practical implications of these rulings, which are critical for creditors of sanctioned entities and foreign states with sanctioned alter egos.

The full paper is available in original French here (https://lnkd.in/d95HAQSp) [on subscription] or here (https://lnkd.in/dSv4T4_A) [on purchase]

Les Cahiers de l'Arbitrage