Bushnaf and Associates LLP

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Bushnaf & Associates LLP is a leading law firm headquartered in Benghazi, Libya, recognized as one of the top largest law firms in North Africa, measured by both number of lawyers and revenue.

Bushnaf & Associates LLP is pleased to announce the publication of a new peer-reviewed academic article authored by our ...
05/02/2026

Bushnaf & Associates LLP is pleased to announce the publication of a new peer-reviewed academic article authored by our Founder and Managing Partner, Mr. Nader Bushnaf.

The article, entitled “The Crucial Role of Personal Connecting Factors in Private International Law,” has been published in Issue No. 88 (February 2026) of Al-Baheth Scientific Journal for Studies and Research.

The research addresses the legal importance of personal connecting factors—including nationality, domicile, and habitual residence—in determining the applicable law in cross-border personal status disputes. It offers a comparative legal analysis between Anglo-American legal systems and Latin legal traditions, with a particular focus on the increasing reliance on habitual residence as a modern and flexible connecting factor that enhances legal certainty and fairness in international cases.

Author Profile:
Mr. Nader Bushnaf, LLB, LLM (International Law), is the Founder and Managing Partner of Bushnaf & Associates LLP, a UIA Member, and an Advocate registered with the Libyan Bar Association. His academic and professional work focuses on Private International Law, cross-border disputes, and comparative legal studies.

This publication reflects our firm’s strong commitment to legal scholarship, academic contribution, and thought leadership, reinforcing the connection between legal research and international legal practice.

📩 For academic collaboration, professional inquiries, or legal consultations related to International Law and cross-border matters, we welcome you to contact Bushnaf & Associates LLP.
www.bushnaf.com
[email protected]

French Court of Cassation Rules in Favor of Libya Against Turkey's "Ustay"... Overturns Billion-Dollar Arbitral AwardPar...
29/12/2025

French Court of Cassation Rules in Favor of Libya Against Turkey's "Ustay"... Overturns Billion-Dollar Arbitral Award

Paris - The State of Libya has achieved a strategic legal victory before the French judiciary, after the French Court of Cassation ruled in its favor in its dispute with the Turkish construction company "Ustay," paving the way to annul an international arbitral award that was in the company's favor.

In its landmark decision issued on December 17, 2025, the Supreme Court quashed a prior ruling by the Paris Court of Appeal, confirming that the latter had overstepped the boundaries of the Bilateral Investment Treaty (BIT) signed between Libya and Turkey in 2011.

Core of the Dispute: Old Contracts and a "Settlement Agreement"

Ustay's arbitral claims are based on construction projects it carried out in Libya during the 1990s and early 2000s.

While Libya argued that these projects predate the entry into force of the investment treaty with Turkey (2011) and are therefore outside the scope of arbitration provided for in the treaty, the Turkish company attempted to circumvent this temporal limitation. Ustay relied on a "Settlement Agreement" it signed with the Libyan side in 2013, claiming that Libya's breach of this agreement created a new dispute falling under the treaty's umbrella and opening the door to arbitration.

The Final Word: Rejecting Circumvention of the Treaty's Scope

The Court of Cassation's ruling was decisive in refuting this interpretation, establishing several important legal principles:

1. Primacy of the Treaty Text: The court affirmed that a state's consent to arbitration is precisely defined by the provisions of the investment treaty, particularly its definition of the term "investment."
2. Subsidiary Nature of the Settlement Agreement: The court ruled that financial claims arising from a "settlement agreement" cannot be considered an independent "investment" in themselves; they are ancillary to the original projects. Since the 2013 agreement is linked to contracts dating back to the 1990s, it lacks this independence.
3. Missing "Direct" Link: The court noted that Article (8/4) of the treaty requires that the dispute arise "directly" from an investment activity. It found that the current dispute either arises from the Settlement Agreement (and thus lacks a direct connection to an investment covered by the treaty) or from the old contracts (and thus falls outside the treaty's temporal scope).

Outcome: Case Returned to a New Appellate Panel

Based on this strict legal interpretation, the Court of Cassation ordered the case file to be returned to the Paris Court of Appeal, but before a new judicial panel, to reconsider Libya's request to annul the arbitral award issued in favor of Ustay.

This ruling is a significant victory for the Libyan legal team and sets a precedent emphasizing the narrow interpretation of the jurisdiction of arbitral tribunals in investment disputes. It prevents attempts to use subsequent agreements to extend investment protection to historical projects that were not originally covered by the treaties.

It is noted that the State of Libya was represented in these proceedings by the law firm "Haussman Associés," while Ustay was represented by "Clay Arbitration."

China–Libya Relations Enter a New Chapter Tripoli, October 27, 2025 - The Libyan-Chinese Joint Economic Chamber welcome...
28/10/2025

China–Libya Relations Enter a New Chapter
Tripoli, October 27, 2025 - The Libyan-Chinese Joint Economic Chamber welcomed the news of the imminent resumption of operations of the Chinese Embassy in Tripoli, a milestone expected to boost business confidence and deepen economic cooperation between Libya and China.
Chairman Naim Bouabdallah described the move as a strategic turning point that reinforces trust in Libya’s business environment and strengthens bilateral economic ties. He noted that this achievement comes as a result of sustained joint efforts and meetings with the Chinese Embassy’s Chargé d’Affaires and senior Chinese officials.
The reopening of the Chinese Embassy is set to positively impact Libyan and Chinese business communities, facilitating faster visa processes, smoother trade flows, and increased investment opportunities.

At Bushnaf & Associates, we are proud to support companies and investors in navigating the legal and regulatory frameworks of Libya’s growing partnership with international markets, including those seeking to engage with Chinese enterprises. Our team provides the guidance needed to ensure smooth, compliant, and successful cross-border operations.

EMAIL: [email protected]
WEBSITE: bushnaf.com




⚖️ The Court of Arbitration for Sport (CAS) Rules in Favor of Alqadisiyah Club – Libya vs. Libyan Football Federation (L...
25/10/2025

⚖️ The Court of Arbitration for Sport (CAS) Rules in Favor of Alqadisiyah Club – Libya vs. Libyan Football Federation (LFF)

The Court of Arbitration for Sport (CAS), seated in Lausanne, Switzerland, delivered its arbitral award on 22 October 2025 in case CAS 2025/A/11596,

🔹 Summary of the Award:
1. The appeal filed by Alqadisiyah Club on 16 July 2025 was admitted and upheld in full.
2. The decision issued by the LFF Appeal Committee on 9 July 2025 was set aside entirely.
3. Arbitration costs were apportioned as 20% to Alqadisiyah Club and 80% to the LFF.
4. The LFF was ordered to pay CHF 2,000 to Alqadisiyah Club as a contribution toward legal costs.
5. All other motions or requests for relief were dismissed.

At Bushnaf & Associates LLP – House of Expertise in Law, we are fully prepared to represent:
• Clubs, players, coaches, and agents
Before:
• The Court of Arbitration for Sport (CAS – Lausanne)
• FIFA Disciplinary & Appeal Committees
• The International Olympic Committee (IOC)
• And other regional and international sports authorities.

We provide expert counsel in:
• Sports contracts and transfers
• Disciplinary disputes
• Sponsorship and broadcasting rights
• International arbitration procedures

📍 Benghazi – Libya 🇱🇾
📧 [email protected]
🌐 www.bushnaflaw.com

We are delighted to share that the founder of Bushnaf & Associates , Mr. Nader Bushnaf, has officially joined the Inter...
24/10/2025

We are delighted to share that the founder of Bushnaf & Associates , Mr. Nader Bushnaf, has officially joined the International Association of Lawyers (UIA) one of the world’s leading global legal networks.

This milestone not only reflects a strong professional journey but also strengthens our firm’s international presence, opening new doors for collaboration with top legal professionals and experts worldwide.

At Bushnaf and Associates LLP, we remain committed to delivering trusted legal services that combine local insight with global reach.

🌍 Libya’s National Oil Corporation (NOC) launches Bid Round 2025Libya is making a strong comeback as a global energy pla...
20/08/2025

🌍 Libya’s National Oil Corporation (NOC) launches Bid Round 2025

Libya is making a strong comeback as a global energy player. The NOC has officially launched Bid Round 2025, its first licensing round in 17 years—sending a clear signal of transparency, fair competition, and openness to international investment.

🔹 29 Operators Qualified – including BP, TotalEnergies, ExxonMobil, Eni, Shell, Chevron, Repsol, OMV, alongside Asian and regional players such as CNODC, ZPEC, PPL, OGDCL, Indian Oil, QatarEnergy, TPAO, Cheiron.
🔹 8 Investors Qualified – including Cheiron Petroleum, Indian Oil, GHPL, Natural Oilfield Services.

This balanced mix of supermajors, regional companies, and new entrants reflects NOC’s smart strategy: rebuilding trust, diversifying partnerships, and positioning Libya as a reliable global energy supplier despite political and security challenges.

📌 Bid Round 2025 is more than a licensing round—it’s a strategic message: Libya is back.



www.bushnaf.com

🚀 Did you know that Libya’s oil story started with just one law?In 1955, Libya’s Petroleum Law No. 25 was issued — the s...
18/08/2025

🚀 Did you know that Libya’s oil story started with just one law?

In 1955, Libya’s Petroleum Law No. 25 was issued — the spark that ignited the country’s greatest economic transformation.
This law laid the foundation for all future explorations and discoveries that placed Libya at the heart of the global energy map.

✨ Key highlights:
✅ Recognized oil as a national resource owned by the State
✅ Established the Petroleum Commission to manage concessions and investments
✅ Introduced taxes and royalties to secure fair revenues
✅ Regulated infrastructure such as pipelines and refining facilities

Since then, oil has been more than just a resource — it became a driver of development and a key to Libya’s global standing.

📌 International Arbitration Enforcement in Libya – A Case HighlightA Libyan company and a foreign company resorted to th...
12/08/2025

📌 International Arbitration Enforcement in Libya – A Case Highlight

A Libyan company and a foreign company resorted to the Arbitration Court of the International Chamber of Commerce (ICC) in Paris. The tribunal issued an award in favor of the foreign company, which was upheld by the Paris Court of Appeal. The French Court of Cassation later issued a certificate confirming the expiry of the appeal period, and the award was affixed with the enforceable formula in France.

The winning party then sought enforcement before a Libyan court of first instance, requesting the recognition and ex*****on of both the arbitral award and the French appellate judgment. The court granted the request, and the decision was upheld by the Libyan Court of Appeal.

A cassation appeal was filed before the Libyan Supreme Court, arguing that the award could not be enforced due to the absence of the required conditions for ex*****on.

The Supreme Court dismissed this objection, holding that:

“Pursuant to Article 408 of the Libyan Code of Civil Procedure, it is permissible to order the enforcement of arbitral awards issued abroad, provided that they are final and enforceable in the country of origin, and that the relevant procedural rules set out in the preceding articles are observed.”

This case underscores Libya’s recognition of international arbitral awards in line with global enforcement standards, reinforcing the country’s openness to cross-border dispute resolution.

🔹 Libyan Oil LawSince its issuance in 1955, the Libyan Oil Law has regulated the country’s oil wealth, affirming it as s...
29/07/2025

🔹 Libyan Oil Law
Since its issuance in 1955, the Libyan Oil Law has regulated the country’s oil wealth, affirming it as state property that can only be exploited through official licensing.
The National Oil Corporation (NOC) manages this vital sector, overseeing contracts, exports, and marketing.
Libya adopts a Production Sharing Agreement (PSA) model with foreign companies, ensuring state sovereignty over its resources.
Despite political challenges and division, updating and developing the oil law remains a key step toward transparency and fair distribution of oil wealth.

www.bushnaf.com

Foreign Participation in Local Companies According to Libyan Laws, Legislation, and Decisions of the Minister of Economy...
26/07/2025

Foreign Participation in Local Companies According to Libyan Laws, Legislation, and Decisions of the Minister of Economy

The issue of foreign participation in local companies is a vital matter that the Libyan legislator has addressed with great care, due to its direct impact on the national economy, technology transfer, localization of expertise, and job creation. Libyan law regulates such participation through a set of laws, regulations, and ministerial decisions, particularly those issued by the Ministry of Economy and Trade.

General Legal Framework

Foreign participation in local companies in Libya is governed by several key laws and regulations, the most important of which are:

1. Libyan Commercial Law No. (23) of 2010 concerning commercial activities, and its amendments.

2. Investment Law No. (9) of 2010 on the promotion of investment.

3. The Executive Regulation of the Investment Law.

4. Ministerial decisions issued by the Minister of Economy regulating foreign partnerships.

www.bushnaf.com

Nader Ibrahim Bushnaf Obtains Certified FIDIC Contracts Specialist (FCS) CertificationMr. Nader Bushnaf, attorney, legal...
25/07/2025

Nader Ibrahim Bushnaf Obtains Certified FIDIC Contracts Specialist (FCS) Certification

Mr. Nader Bushnaf, attorney, legal advisor, and founder of Nader Bushnaf & Partners Law Firm, has obtained the Certified FIDIC Contracts Specialist (FCS) certification. This was achieved through a specialized training program organized by IVYLET Institute for Research and Scientific Project Development.

This certification is considered an advanced credential in the field of international engineering contract management. It qualifies its holder to understand and apply the terms of the FIDIC international contract, ensuring professionalism in drafting, reviewing, and executing contracts for infrastructure, energy, and construction projects.
www.bushnaf.com

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Behind Al Marwa Hospital
Benghazi
00218

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Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
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