Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-23T17:21:39.318Z Has data issue: false hasContentIssue false

Agip Spa v. The Government of The Popular Republic of The Congo

International Center for the Settlement of Investment Disputes, Arbitration Tribunal.  30 November 1979 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — Nature and kinds of State responsibility — For taking of, or interference with, property — Nationalization — Nationalization by State of company in which it was a shareholder Whether in the public interest — Whether nationalization incompatible with contract between State and foreign company

State responsibility — Damages — Award of damages in general — Damages for breach of contractual undertakings given by State — Damages for nationalization contrary to contractual undertakings — Lucrum cessans and damnum emergens

State responsibility — Damages — Indirect damages and damages for loss of profits — Violation by State of contractual undertakings given to foreign company — Nationalization contrary to contractual undertakings — Entitlement to damages for loss of profits — Claims limited to request for nominal damages

State responsibility — Interest — Rate of interest — Damages for breach of contract

State responsibility — Interest — Dies a quo — Award of interest on damages for breach of contract

Disputes — Arbitration — In general — Conception and function of arbitration — Arbitration under Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Tribunal directed to apply local law supplemented if necessary by international law — Whether local law subordinate to international law

Disputes — Arbitration — In general — Appointment of arbitrators — Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965 — Failure of one party to appoint arbitrator — Appointment of arbitrator by International Centre for Settlement of Investment Disputes under Article 38 of Convention

State responsibility — Nature and kinds of — For other breaches of contractual obligations — Contract between State and foreign company — Stabilization clauses — Nationalization — Whether in the 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 — Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965

Damages — Measure of damages — Loss of profits — Claim limited to nominal amount — Interest — Rate of interest — Date from which interest payable

Arbitration — Arbitration between State and foreign company — ICSID arbitration — Procedure — Appointment of arbitrators — Appointment by International Centre for Settlement of Investment Disputes in default of appointment by party — Applicable law — Whether Tribunal to act as friendly arbitrator — Existence of a dispute

Type
Case Report
Copyright
© Cambridge University Press 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)