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Agip Spa v. The Government of The People’s Republic of the Congo
Published online by Cambridge University Press: 01 January 2021
Abstract
Expropriation — Nationalization — Nationalization by State of company in which it was a shareholder — Whether in the public interest — Whether nationalization incompatible with the contract between State and foreign company
Stabilization clauses — Nationalization — Whether in public interest — Whether compatible with stabilization clauses — Status of contract in international law — Duty to pay compensation — Repudiation by State of its contractual obligations — Proper law of agreement — Law of contracting State to be supplemented by international law — Whether local law subordinate to international law
Arbitrators — Appointment by ICSID in default of appointment by party Applicable law — Whether tribunal to act as friendly arbitrator — Existence of a dispute
Damages — Measure of damages — Loss of profits — Claim limited to nominal amount
Interest — Rate of interest — Date from which interest payable
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- © Cambridge University Press 1993
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