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Tribunal accepted claimant’s proposed valuation date and sums for lost equipment, but reduced claims for lost profits
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Arbitrator found no clear rule on compensation of lost profits following lawful expropriation, instead formulating a rule of “equitable compensation”
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No evidence of political motive for nationalisations was found, but duty to compensate remained, in preference to restitution
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Arbitrator held that general legal principles recognised rights of private property and sanctity of contracts, but also acknowledged states’ right of nationalisation – subject to compensation
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Tribunal rejected view that arbitration was not permissible against a sovereign and confirmed its jurisdiction despite respondent’s absence
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Arbitration was governed by legal principles common to Libya and international law, with fall-back option
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LIAMCO files for arbitration and asks ICJ President to appoint sole arbitrator; Libya declines to appear
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Background: Newly-installed Libyan revolutionary government nationalised foreign oil concessions, leading to diplomatic protests
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