If you are owed money from an international contract in Libya that has stalled or is in a disputed force-majeure situation the following may help.

  1. Communication: Begin by reaching out to the other party involved in the contract. Maintain open and respectful communication. Inquire about the status of the payment and any issues that might be causing the delay. Make sure to document all communication, including emails, messages, and phone calls. Do not underestimate the importance of one-to-one communication and personal relationships very often it is having the ability to move your particular case to the top of the pile that makes the difference between frustration and dispute and significant progress.  The rules of commerce here do apply and are followed but it is the maintenance of clear and concise communication that can cause negativity and discourse
  2. Review the Contract: Thoroughly review the terms of the contract to ensure that you have fulfilled all your obligations. This will help you determine whether you have a legitimate claim to the payment and whether the other party has breached the contract. If you can determine a clear roadmap detailing the requirements of the contract the obstacles to completion and the application of commercial law then a clear route to success can be identified. There are a few shortcuts, but clear legal frameworks and having resources to regularly progress your case is hugely important
  3. Consult Legal Advice: If communication doesn’t yield results, consider seeking legal advice from professionals who specialize in international contract law or have experience in dealing with similar situations. DO NOT UNDERESTIMATE the importance of engaging with local legal firms such as TUMI LAW FIRM who can help you understand your rights, options, and the potential legal avenues available to you. LOCAL REPRESENTATION CAN BE CRITICAL, RELATIONSHIPS MATTER
  4. Mediation and Arbitration: If the contract includes a dispute resolution clause, such as mediation or arbitration, consider pursuing these methods before taking legal action. Mediation involves a neutral third party assisting in negotiation, while arbitration is a more formal process where a neutral arbitrator makes a binding decision. There are many institutions in Libya including the Ministry of Economy the Privatisation and Investment board (PIB) and local commercial councils and entities that can offer considerable support
  5. Government or Embassy Assistance: Contact your embassy or consulate in Libya. They might be able to offer guidance or assistance in resolving the payment issue. They can also provide information on any local laws or regulations that could affect your situation.
  6. Personal Pressure and Relationships: If appropriate, you should utilise country specific trade associations or other industry forums to bring attention to the situation and promote its debate among concerned parties. Sometimes this pressure alone can encourage positive engagement and a route to resolution
  7. Consider Political and Economic Context: Keep in mind that international situations can be influenced by the diverse political and economic factors that are current in Libya. It’s important to be aware of the broader context and potential challenges in enforcing and resolving contractual disputes here.

IF ALL ELSE FAILS

  1. Legal Action: You might need to consider taking legal action. This could involve pursuing a lawsuit in a Libyan court or potentially in an international court if the contract specifies such a jurisdiction. However, legal action can be complex, time-consuming, and expensive, so it’s important to weigh the potential costs and benefits.

 

Libya is unique and whilst commercial law is incredibly important here the importance of communication and personal relationships cannot be underestimated. Having a focused personalised approach to contractual resolution often works in Libya. In a country that has many distractions and significant complications a simpler approach can sometimes be more beneficial than complex negotiations.