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BP Exploration Company (Libya) Limited v. Government of the Libyan Arab Republic

Arbitration Tribunals.  10 October 1973 ; 01 August 1974 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Sources — General principles of law — Reference thereto in a concession — Whether distinguishable from public international law

State responsibility — Damages — In general — Whether exclusive remedy for breach of concession

Treaties — Termination of — By act of party — Whether one party may unilaterally terminate — Remedies of innocent party — Suspension of performance — Acceptance of repudiation — Whether extending to specific performance — Vienna Convention on the Law of Treaties 1969, Articles 26, 42, 60 and 65 — Comparison with concessions

Disputes — Arbitration — In general — Law applied by arbitral tribunals — Procedural law — Applicability of municipal law — Dependence upon seat of tribunal

Arbitration — In general — Law applied by arbitral tribunals — Choice of substantive proper law — “Principles of law of Libya common to the principles of international law” — “General principles of law” — Effect of conflict between principles of Libyan law and of international law — Whether public international law directly applicable

Arbitration — In general — Law applied by arbitral tribunals — Choice of conflict of laws rules — Relevance of law of seat of tribunal — Lex arbitri — Reference to law specified in contract in issue

Arbitration — Procedure — Before the tribunal — Effect of absence of respondent party

Disputes — Arbitration — Procedure — Appeals — Request for reopening or continuation of proceedings — Arbitration between State and non — State entity — Whether governed by law of seat of arbitration — The law of Denmark

Disputes — Arbitration — The Award — Appeal and revrsron — e — Grounds of — Allegations of fundamental errors of law and grave defects in procedure — Whether arbitrator competent to re — open and continue hearing — Arbitration between State and non — State entity — Relevance of law of seat of arbitration — The law of Denmark

State responsibility — Nature and kinds of — For revocation of, or interference with, concessionary contracts — Nature of concession — Whether administrative contracts — Conditions of amendment or revocation by the State — Effect of Nationalization Law — Whether a fundamental breach — Whether a breach of public international law — Relevance of extraneous political reasons, arbitrariness and discrimination — Whether provision for compensation without determination and offer of compensation is confiscation — Effect of breach — Remedies — Whether specific performance and restitutio in integrum are available — Whether distinguishable from a declaration that concession remains in force — Relevance of fact that a State is party to concession — Damages as exclusive remedy — General principles of law

Type
Case Report
Copyright
© Cambridge University Press 1979

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