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

journal contribution
posted on 2023-06-08, 19:40 authored by Ahmad GhouriAhmad Ghouri
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.

History

Publication status

  • Published

Journal

Journal of World Investment & Trade

ISSN

1660-7112

Publisher

Brill

Issue

2

Volume

16

Page range

325-333

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2015-01-21

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