Originally from Arbitration Law and Practice in Africa

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I. INTRODUCTION: ARBITRATION IN LIBYA HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Institutional background

• The Kingdom of Libya, (1951-1969), a hereditary monarchy based on the authority of the King Idriss al Senussi and a bicameral parliamentary system. In 1963, the initial federal organisation of the monarchy was abandoned, and the United Kingdom of Libya was renamed the Kingdom of Libya, until the monarchy was overthrown in 1969; 

• The Libyan Arab Republic (1969-1977), based on the government of the Revolutionary Command Council, acting as the Supreme Authority and chaired by Colonel Muammar Gaddafi;

• The Socialist People’s Libyan Arab Jamahiriya (1977-2011), where the legislative power was formally exercised through popular congresses and local committees gathered in the General People’s Congress;

• Since the 17th of February Revolution and the collapse of the Jamahiriya in 2011, Libya has been under a transitional stage towards the establishment of a new parliamentary republic. Pursuant to the interim Constitutional Declaration adopted by the National Transitional Council in August 2011, a General National Congress was elected in July 2012 in order to draft a permanent constitution for approval by a referendum. After the expiration of its mandate in 2014, a new election was organised in June 2014. However, in November 2014, the Supreme Court held the unconstitutionality of this election and ordered the dissolution of the newly formed Council of Deputies (Majlis al-Nuwaab), which took refuge in Tobruk while the opposition bloc, claiming to constitute a continuation of the former General National Congress, continued to convene in Tripoli. After several months of political crisis and military unrest, a political agreement was signed on the 17th of December 2015 by members of the two concurring legislatures, and immediately endorsed by the United Nations Security Council. Pursuant to the terms of this agreement, an interim Government of National Accord, as well as a Presidency Council, were formed, with a view to holding new elections within two years. After convening, as a first step, in Tunisia, the Government of National Accord and the Presidency Council were able to return to Libya on the 30th of March 2016.