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Respondents jointly responsible for failure to live up to Tourism Authority’s contract with claimant
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Background: Project for 5-star resort
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Order for seizure of plane challenged by Libya and interveners on state immunity grounds
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Kharafi claims implied waiver of immunity in consenting to arbitration
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Arbitration is ad-hoc, but relies on Unified Agreement and Cairo rules
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Claimant hikes compensation demands twice in four months, arbitrator fees increase accordingly
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Arbitrators say that Libyan law allows for award of lost profits
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Libya stressed modest sums that were spent, and fact that resort was never constructed
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Libya says claimant should not collect lost profits on a project that was not a ‘going concern’
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Claimant sought $50 million in moral damages, and is awarded $30 million
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Tribunal majority declines to pick apart claimant’s damages reports
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Majority uses discretion to reduce damages payable by post-Gaddafi Libya from 2 billion to 900 million
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Contract clause offers arbitration only during “validity period” of contract, but refers to inter-Arab treaty
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Sovereign Wealth Fund is not joined, but award warns that its assets could be vulnerable at collection stage
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Tribunal majority dismisses Libya’s protest that no Arab capital flowed into Libya
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Various other Libyan governmental parties joined to arbitration
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Arbitration stemmed from resort whose construction was thwarted
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