Mohamed Abdulmohsen Al‐Kharafi & Sons Co. v the government of the state of Libya and others

Ghouri, Ahmad (2015) Mohamed Abdulmohsen Al‐Kharafi & Sons Co. v the government of the state of Libya and others. Journal of World Investment and Trade, 16 (2). pp. 325-333. ISSN 1660-7112

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Abstract

The Al-Kharafi award brings to light a previously unexploited investment treaty, the Unified Agreement for the Investment of Arab Capital in the Arab States (UAIACAS). Where the award highlights some important interpretive problems with UAIACAS regarding the tribunal’s jurisdiction, significant issues arise related to the treaty’s relationship with domestic laws of the States parties. Additionally, the tribunal’s award of large amounts of compensation for several types of damages is particularly interesting. However, since the tribunal has not based its reasoning on jurisprudence developed in the earlier awards rendered by other investment treaty tribunals dealing with similar questions, it is problematic to place this award within the overall jurisprudence of international investment law.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K2400 Arbitration and award
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws
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Depositing User: Ahmad Ghouri
Date Deposited: 21 Jan 2015 10:59
Last Modified: 07 May 2015 10:24
URI: http://sro.sussex.ac.uk/id/eprint/52311
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