Federal Judge Permits Enforcement Against Libya's U.S. Assets to Satisfy $30M Arbitral Award

Fishman Haygood and Verrill Advocacy, LLC represented Turkish construction company Etrak in U.S. litigation seeking to enforce a $30 million arbitral award against Libya and to permit attachment of Libyan government assets located in the United States. The matter arises from a 2019 arbitral award rendered under the International Chamber of Commerce that confirmed Etrak’s claim against Libya arising from a domestic Libyan court case and a settlement agreement Libya failed to honor. Libya’s effort to set aside the award was denied by the Swiss Federal Tribunal. On March 3, 2025, the U.S. district court entered judgment confirming the award. After Libya failed to satisfy that judgment, the court ordered post-judgment discovery and warned Libya of potential fines for noncompliance, directing the country to respond within 45 days. With no payment or compliance, counsel for Etrak moved in late October 2025 under 28 U.S.C. § 1610(c) for leave to attach Libyan assets in execution of the judgment. On December 8, 2025, U.S. District Judge Jia M. Cobb granted the motion, finding that a reasonable amount of time had passed since the confirmation judgment, that Libya had made no effort to satisfy the award and had acted in ways suggesting an attempt to evade its obligations, and that the notice requirement of 28 U.S.C. § 1608(e) did not apply because Etrak was not seeking to enforce a default judgment. The order clears the way for Etrak to pursue attachment of Libyan government assets in the United States to satisfy the confirmed $30 million award. Fishman Haygood represented client Etrak with a team composed by: Benjamin D. Reichard — Partner, head of the firm's International Arbitration practice; Molly L. Wells — Partner, International Arbitration. Verrill Advocacy, LLC represented client Etrak with a team composed by: Charles Verrill, Jr. — Counsel, Verrill Advocacy, LLC.

Federal Judge Permits Enforcement Against Libya's U.S. Assets to Satisfy $30M Arbitral Award

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