International law in general — Sources — State practice — United Nations General Assembly resolutions — Resolution on nationalization — Whether a source of international law — Whether evidence of dominant trend of international opinion
States as international persons — In general — Recognition of acts of foreign States and governments — Nationalization of concession held by foreign company — Act of State — Whether entitled to international recognition — Whether capable of being questioned in arbitration proceedings — Whether restitutio in integrum can be ordered by Tribunal to restore position prior to nationalization
State responsibility — Damages — Measure of damages — Award of damages in general — Damages for unlawful taking of property — Compensation for lawful nationalization — Principles of assessment — Equitable measure of compensation
State responsibility — Damages — Measure of damages — Indirect damages and damages for loss of profits — Whether damages for loss of profits required in case of unlawful taking of property — Whether compensation for lawful nationalization of concession should include loss of profits — Equitable measure of compensation
State responsibility — Interest — In general — Award of interest in case of termination of concession — Whether interest payable under proper law of concession — Whether interest usurious — Libyan law
State responsibility — Interest — Rate of interest — Termination of concession governed by Libyan law insofar as compatible with international law — Whether Libyan rate of interest payable
State responsibility — Interest — Diesa quo and dies ad quem — Date from which interest payable — Interest only due on liability to pay fixed amount of money — Interest payable from date of arbitration Award rather than date of termination of concession
International organization and administration — The United Nations — The General Assembly — Importance of General Assemblyre — solutions as source of international law — Evidence of dominant trend of international opinion — Resolutions on nationaliztion
Disputes — Arbitration — In general — The law applied by arbitral tribunals — Arbitration between State and foreign company — Lex arbitri — Whether governed by the law of the seat of arbitration Law applicable to concession contract — General principles of private international law for determining proper law of a contract
Disputes — Arbitration — In general — Appointment of arbitrators — Refusal of one party to appoint arbitrator — Appointment by President of the International Court of Justice
Disputes — Arbitration — Procedure — Procedure before the tribunal — Power of tribunal to determine own rules of procedure — Procedure in default of appearance by one party
Disputes — Arbitration — Procedure — Competence to determine jurisdiction — Arbitrability of dispute — Survival of arbitration clause
Disputes — Arbitration — Evidence — Duty of tribunal to decide on best evidence available — Effect of failure of one party to appear Evidence regarding methods of computing sums claimed
State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nature of concessions — Whether administrative — Whether primarily contractual — Property rights — Conditions of amendment or termination by State — Proper law of concessions — Reference to international law and general principles of law — Nationalization — Extent of State’s right to nationalize — Requirement that nationalization be for a public purpose — Whether still a rule of international law Requirement that nationalization be non — discriminatory — Effect of United Nations General Assembly resolutions on nationalization — Whether premature termination of concession by nationalization a delict or a lawful act giving rise to duty to compensate
Restitutio in integrum — Availability in international law — Whether contrary to sovereignty of State — Whether amounting to cancellation of nationalization measures — Act of State — Declaratory award — Similarity to restitutio in integrum
Compensation — Measure of compensation — Damnum emergens — Lucrum cessans — Whether compensation for loss of profits required — Equitable measure of compensation — Interest — Whether interest usurious — Rate of interest — Date from which interest payable — Costs
Arbitration — Arbitration between State and foreign company Procedure — Lex arbitri — Whether arbitration subject to the law of the Tribunal — Award given in default of appearance — Appointment of Sole Arbitrator by the President of the International Court of Justice
