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Biloune and Marine Drive Complex Ltd v. Ghana Investments Centre and the Government of Ghana
Published online by Cambridge University Press: 01 January 2021
Abstract
Arbitration — Arbitration between government and foreign company — UNCITRAL Rules — Composition of Tribunal — Failure of party to appoint arbitrator — Nomination of appointing authority by Secretary-General of Permanent Court of Arbitration — Procedure — Jurisdiction of Tribunal — Jurisdiction confined to matters covered by agreement to arbitrate — Whether including claim for violation of human rights — Award — Binding nature — Whether Tribunal can reconsider first award at behest of party — Costs — Award of costs to successful party
Expropriation — Indirect expropriation — Nature of expropriation — Series of acts constituting expropriation of investment — Arrest and deportation of investor — Compensation for expropriation of investment in going concern
Damages — Compensation for expropriation — Expropriation of investment in going concern — Standard of compensation — Whether to include loss of future profits — Discounted cash flow method of calculating future profits — Lack of evidence on which to base assessment of future profits — Restitution of original investment — Currency in which compensation to be payable — Whether requirement that currency be convertible — Date at which rate of conversion to be determined — Interest
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- © Cambridge University Press 1994
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