Libya

Our firm is one of the few German law firms with many years of experience in advising companies in all areas of business law in North Africa. Due to our diverse experience also in the North African economy and our multilingual team, we can ideally accompany your request also from a local, economic perspective.

Comprehensive legal counsel on Construction Contracts for Libya

Libya is recovering after years of political instability. Its oil reserves are the largest on the African continent, making it a hidden treasure with good connections to Europe. As the second largest oil supplier, it was an important trading partner for Germany in 2019. But not only the oil industry can be interesting for investors. As a large surface state, the country also has a lot of potential in the construction and renewable energy industries. The country is ideally suited for infrastructure projects and construction projects that are intended to modernise and expand the entire infrastructure of the country in northern Africa. Libya often has to hire foreign companies to realise these projects.

For these numerous and diverse construction projects and infrastructure projects, the companies commissioned must bear in mind that German law does not automatically apply to the construction contracts. Within the framework of these construction contracts, it is necessary to regulate in advance which law is to apply to the contracting parties, which can usually be contractually stipulated, for example:

  • German Law
  • Libyan law
  • International Commercial Law

This requires in-depth knowledge of German and Libyan law, as well as international commercial law. Our team can provide you with excellent advice in this regard. Our firm is one of the few German law firms with many years of experience in advising companies in all areas of commercial law in North Africa. Due to our vast experience in the North African economy, we can also provide you with the ideal support from an economic perspective.

Counseling on International Contracts for Libya

We are committed to identifying problems at an early stage and solving them in advance. Especially in international contracts and project management, it is important to be able to act and react quickly. Our experienced team provides you with support in all aspects of contract execution.

Thanks to our location in the heart of Berlin, we are always happy to advise you on site or discuss the status of your projects via video conference. We are in constant contact with important organisations such as the German embassy and foreign chambers of commerce. The aim of contract management is to minimise further legal risks and to maximise profitability.

In addition to contract management, claims management is also one of our areas of expertise. We try to enforce our clients’ claims and ward off opposing claims. In this, our focus is on the best possible representation of your interests.

We draft, review and negotiate Project Contracts for Libya

A German-speaking law firm is often imperative, especially for clients from the SME sector who are active in the construction industry, the energy sector or the gas and oil industry and who need project contracts for temporary projects in Libya. What sets us apart is that we do not hand over the tasks to law firms in the target country but attend to them ourselves. This means that our clients always have the same German-speaking consultant for all their matters.

Project contracts are essential, especially for German companies doing business abroad. These contracts refer, among other things, to:

  • EPC contracts and
  • Joint Venture Contracts

When carrying out a new project in Libya, the legal framework conditions must be clear in advance. This is the only way to ensure that your project is legally sound. We are happy to offer a detailed discussion with you via video conference or at one of our locations before the start of your new project. We will draw up project contracts in collaboration with you so that important topics are suitably covered for you.

The subject of international project contracts is extremely extensive and complex and requires international experience, which we bring to the table. Our international team of lawyers is thoroughly familiar with the North African region. They have many years of professional experience and were able to complete part of their legal training there. In addition, all lawyers in our team have international legal expertise from having lived and worked abroad.

Our large client base includes numerous international companies from Europe and companies from the German SME sector seeking legal support especially for projects in Africa, North Africa, the Middle East and the Near East..

The focus of our firm: „International Arbitration“

Careful preparation of projects and contracts cannot always prevent conflicts from arising. Here, too, we stand by your side in Germany and represent you in court or in an arbitration tribunal. Before that, however, we always try to find a constructive out-of-court solution. We represent your interests vis-à-vis the other party and simultaneously try to avoid a legal dispute. Should it come to that, however, we will naturally represent you competently and personally before the court in Germany. In cases of international arbitration, we have experience both in proceedings under international (e.g. ICC) and local arbitration regulations (e.g. DIS) as well as in investment disputes (ICSID).

We are a highly qualified firm of corporate lawyers specialising in the area of conflict resolution. A comprehensive conflict resolution strategy is part of our extensive project support. If legal disputes arise in a specific case, we will seek to assert our clients’ interests. One goal is to avoid recourse to an ordinary court and to resolve the conflict within the framework of International Arbitration.

Comprehensive legal counsel on International Investment in Libya

As a result of our many years of experience in North Africa, we have been able to build up a very good network in the North African economy. Our client base includes not only companies active in the construction and infrastructure sectors, but also in the areas of international investment and the energy industry. In these areas, a comprehensive legal service is crucial, in which we advise you thoroughly, honestly and competently on the legal possibilities as well as pitfalls. In doing so, we make use of our profound knowledge of Libyan law and business.

Our firm retains a strong focus on advising on international investment, which includes legal due diligence, acquisition, business combination and M&A. In addition to the law, we always keep an eye on profitability. Before any legal step is taken, we check exactly what concrete effects this will have on the economic outcome.

Your own location outside Germany: Setting up a company in Libya

International contractual relationships abroad are often the first step towards establishing your own location beyond Germany’s borders. Our highly qualified team will be happy to advise you on setting up a company in Libya. In doing so, we conduct a basic legal review and clear up any legal uncertainties. Of course, we also consider the political stability of the country and based on this we recommend the best possible course of action. We place your incorporation on a strong foundation.

Our law firm has already established companies in various industries and for various projects abroad. In particular, we have gained years of legal and commercial experience in North Africa. We advise you on whether a production site is needed, a project company is required or a special purpose vehicle or special purpose company is to be established for an investment. We always use our experience and short decision-making processes for the benefit of our clients. Our particular strength is that we can react flexibly and swiftly to new challenges.

 

Questions

In the case of a cross-border contract, German or Libyan law does not automatically apply. The parties can agree in advance as to which law should form the basis of the contract. This can be German, Libyan or international commercial law. In the case of sales contracts, for example, the international sales contract according to UN sales law can also be used.
Our specialised and culturally aware team works in advance to avoid conflicts through solidly drafted contracts and good legal advice. We specialise in international arbitration. In doing so, it is important for us to look at the matter from all perspectives (in particular the legal and economic perspective). Our goal is to avoid going to an ordinary court and to enforce your interests in the most economically sensible way. Ideally, a solution acceptable to both sides will be found outside the courts. If it is not possible to avoid the conflict, we will accompany you through the dispute in the best possible way with our many years of experience, particularly in international cases.
We are an international business law firm with lawyers who are also admitted and work in North Africa. We therefore do not delegate tasks to Libyan law firms. This means that decision-making processes are very short, additional costs are avoided and our lawyers can represent you in court locally. In addition, you always have the same contact person should any questions arise.

Team

Partner
Andreas Scherdel advises on project contracts, corporate law, commercial contracts and claims and risk management as well as accounting and tax aspects with particular focus on the construction, infrastructure and energy industries.
Of Counsel
Dr. Philipp Stompfe advises on international contract and corporate law as well as on international arbitration.