Libyan American Oil Company v. Socialist People's Libyan Arab Jamahiriya, Formerly Libyan Arab Republic

Abstract

States as international persons — In general — Recognition of acts of foreign States and governments — Act of State — Libyan nationalization of rights and assets of United States company under oil concession agreements — Whether arbitral award rendered against Libya in Switzerland could be recognised and enforced under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award because Libyan nationalization was an act of State — Whether Hickenlooper Amendment to Foreign Assistance Act 1964 required court to recognise and enforce award even if act of State doctrine was applicable — The law of the United States

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Libyan nationalization of rights and assets of United States company under oil concession agreements — Foreign Sovereign Immunities Act 1976 — Waiver of sovereign immunity — Whether Libya waived immunity by agreeing to arbitration and choice of law clauses in concession agreements — Whether arbitral award rendered against Libya in Switzerland recognizable and enforceable under Convention on the Recognition and Enforcement of Foreign Arbitral Awards — Whether court precluded from recognizing and enforcing award — Whether Libyan nationalization act of State — The law of the United States

Disputes — Arbitration — Enforcement of award by proceedings in municipal courts — Sovereign immunity — Waiver — Act of State Convention on the Recognition and Enforcement of Foreign Arbitral Awards — The law of the United States

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 foreign company — Enforcement by confirmation proceedings in domestic courts — Sovereign immunity — Whether agreement to arbitrate anywhere that Arbitrator may determine a waiver of sovereign immunity — Foreign Sovereign Immunities Act 1976 — Act of State — Whether court precluded from enforcing award because nationalization an act of State — Hickenlooper Amendment to foreign Assistance Act 1964 — Whether applicable — Whether concession rights ‘property’ — Whether nationalization contrary to international law — Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of the United States