Libyan American Oil Company v. Socialist People's Arab Republic of Libya

Abstract

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Restrictive theory of sovereign immunity — Waiver — Whether arbitration clause in oil concession an implied waiver of sovereign immunity — Service of process upon foreign State — The law of Sweden

State responsibility — Nature and kinds of — For revocation of, or interference with, concessions or concessionary contracts — Nationalization of oil concessions — Arbitral award of compensation against State in favour of company — Enforcement by confirmation proceedings in domestic courts — Sovereign immunity — Whether agreement to arbitrate any future dispute an implicit waiver of immunity — Service of process — Nature of sovereign immunity in commercial transactions — The law of Sweden