D.C. Federal Judge Orders Discovery Against Libyan Assets in International Arbitration Team’s Ongoing Fight to Fulfill Terms of $30M Award

On September 19, 2025, U.S. District Judge Jia M. Cobb (District of Columbia) granted firm client Etrak’s motion to compel post-judgment discovery against Libyan assets and threatened Libya with a fine of up to $80,000 per week if they do not comply. In February of this year, Judge Cobb confirmed a $30 million arbitral award against Libya on behalf of Etrak and issued judgment in March 2025. Read more about that ruling here.

Upon Libya’s failure to pay, Fishman Haygood issued post-judgment discovery, soliciting information on the country’s assets for enforcement purposes. In response, Libya’s lawyers claimed that their representation had ceased with Judge Cobb’s March 2025 judgment and that they could not accept service of the discovery. The attorneys then moved to withdraw.

Fishman Haygood opposed the withdrawal and filed a motion to compel, asking the court to force Libya’s response to the discovery. Upon the denial of their initial motion to withdraw, Libya’s attorneys not only refiled a second motion but also filed a motion to stay Fishman Haygood’s discovery request pending the court’s determination on their withdrawal. Fishman Haygood opposed both the second motion to withdraw and the motion to stay.

In her September 19 order, Judge Cobb indicated that she would accept the attorneys’ withdrawal request but instituted certain procedural safeguards to minimize the prejudice to Etrak arising from the withdrawal. First, Judge Cobb held that the withdrawal would be effective only once counsel for Libya filed a notice in the record certifying that they had provided the contact information of the individuals at Libya’s State Litigation Department with whom they had been in contact regarding the litigation. Second, she  ruled that any communications sent to Libya’s attorneys prior to the court granting their withdrawal are to be considered validly served, including the post-judgment discovery, motion to compel, and notices of third-party subpoenas. Third, she noted that Libya cannot appear before her pro se, such that if it wishes to make any request or enter any opposition in her court it will have to hire substitute counsel.

Additionally, Judge Cobb both denied Libya’s attempt to stay the post-judgment discovery and granted Etrak’s motion to compel. In so doing, Judge Cobb ruled that Libya had waived its objections to the discovery and ordered it to respond within 45 days of the order, barring which Libya may face a fine payable to petitioner “of $5,000 per week, doubling every four weeks until reaching a maximum of $80,000 per week.” Read more from the IAReporter.com here.

Fishman Haygood partners Benjamin Reichard, who heads the firm’s International Arbitration team, and Molly Wells serve as lead counsel to Etrak in the U.S. confirmation and enforcement efforts. Also representing the claimant are Fishman Haygood attorneys Jim Swanson and co-counsel Jones Swanson Huddell and Kabine Law Office (Istanbul, Turkey).

Fishman Haygood’s International Arbitration team handles a number of disputes arising under bilateral investment treaties (“BIT”s). Sovereign nations enter BITs to protect investors of their country who make investments in their partner country under the treaty. In such matters, the firm represents claimant construction companies in confidential arbitrations against respondent sovereign nations who expropriated or otherwise impaired the claimant’s investment within respondent’s borders in violation of the applicable BIT.

Click here to read more about the firm’s International Arbitration team.