Socialist Libyan Arab Popular Jamahiriya v. Libyan American Oil Company (Liamco)

Abstract

International law in general — Relation to municipal law — Restrictive theory of sovereign immunity in international Iaw — e — Relation to requirements of municipal law for proceedings against foreign States — Whether precluding municipal law from requiring close connection between case and forum State in any proceedings against a foreign State — The law of Switzerland

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Foreign States — Restrictive theory of sovereign immunity — Whether part of international law — Whether precluding rule of domestic law that foreign State always immune unless there is a close connection between the case and the forum — Enforcement of arbitration award — Whether fact that arbitration held in forum State sufficient connection — The law of Switzerland

Jurisdiction — In general — Territorial — Exemptions from territorial jurisdiction — Public ships and other property of foreign States — Bank deposits — Immunity from attachment to enforce arbitral award — When immune — Requirement of close connection between case and State in which attachment sought — The law of Switzerland

Disputes — Arbitration — Enforcement of arbitration award by proceedings in municipal courts — Requirement of Swiss law that any proceedings against a foreign State have a close connection with Switzerland — Whether fact that arbitration held in Switzerland sufficient connection to permit proceedings for enforcement — The law of Switzerland.

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 — Attachment of State's assets — Whether State entitled to sovereign immunity — Requirement of close connection between case and State in which attachment sought — Whether fact arbitration held in that State sufficient — Relationship between international law and municipal law — The law of Switzerland