SDNY Allows Execution Against Libya

On September 18, 2023, Judge Koeltl granted Olin Holdings's motion seeking entry of an Order pursuant to 28 U.S.C. § 1610(c), permitting the petitioner to seek an attachment or execution.

The Foreign Sovereign Immunities Act requires a waiting period before execution of a judgment against a sovereign commerces. Courts must determine “that a reasonable period of time has elapsed following the entry of judgment” before ordering attachment or execution of a foreign state’s property within the United States. The Olin Holdings court collected cases applying Section 1610(c), noting that although what constitutes a "reasonable period of time" is case-dependent, other courts have found one has elapsed after eleven or seven months. In this case, fifteen months have elapsed, so the Court has found a reasonable period of time has elapsed and allowed Olin to begin enforcement of its judgment against Libya.

The Court rejected Libya's argument that enforcement should not be allowed until proceedings in France challenging the award have terminated.

This case is Olin Holdings Inc. v. State of Libya, No. 1:21-cv-04150-JGK (S.D.N.Y). Olin Holdings is represented by James Berger, Charlene Sun, Erin Collins, and Thomas Childs of DLA Piper. The State of Libya is represented by Kevin Meehan and Joseph Pizzurro of Curtis, Mallet-Prevost, Colt & Mosle, LLP

The opinion can be downloaded below.

Olin v. Libya.pdf

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