International Journal of Arab Arbiration

Volume 6 - No. (1) 2014

Table of Contents


  • The Development of the Arab Investment Court's Case Law: New Decisions Rendered by the Arab Investment Court – By Walid Ben Hamida.



  • Final Award Dated 22 March 2013 - ad hoc Arbitration - Rules of the Unified Agreement for the Investment of Arab Capital in the Arab States [UAIAC]− MOHAMED ABDULMOHSEN AL-KHARAFI & SONS CO. VS. THE GOVERNMENT OF THE STATE OF LIBYA AND OTHERS   Contract Between the State of Libya and kuwaiti Company Application of the Unified Agreement for the Investment of Arab Capital in the Arab States – Arbitration Agreement –  Arbitration Proceedings –  Challenge of the Jurisdiction of the Arbitration Tribunal – Libyan Law Applicable to the Contract – Requirements for a Contract to Be Considered Administrative Under Libyan Law – State Entity Party – Contract Relating to the Performance of an Obligation According to Libyan Regulations on Administrative Contracts – Contract Purportedly Containing Unusual Clauses in Civil Contracts – Contract Aiming at Serving a Public Interest – Contract Actually not Containing Unusual Clauses and not Furthering any Public Interest – Investment Contract Under the UAIAC – Contract Governed by Libyan Law No.5 on the Promotion of Foreign Capital Investments, the Libyan Civil Code (LCC) and the UAIAC by Order of Priority – Jurisdiction of the Arbitral Tribunal to Rule on the Dispute –Respondents’ Obligations Regarding the Handing Over of the Land Subject to the Lease Contract Between the Parties – Claimant’s Allegations Relating to the Contractual and Tort Liabilities thereof – Non-Handing Over Obstructing the Performance by Claimant of its Own Obligations – Article 5 of the Contract Requiring Respondents to Hand Over to Claimant the Land Free of Impediments –  Respondents in Breach of Article 5 of the Contract – Breach of Contract Constituting a Contractual wrongdoing Entailing Liability Under Articles 214 to 217 of the Libyan Civil Code – Respondents’ Further Violation of its Legal Obligations Under the LCC – Non-Performance of the Contract in Good Faith as per Article 148 LCC for not Handing Over the Plot of Land – Decision of the Libyan Minister of Economy Annulling a Former Decision of the Minister of Tourism Approving the Investment – Special Measures Leading to the Termination of the Project – Such Measures Being Prohibited by Article 9-1 of the UAIAC – Respondents’ Breach of Legal Obligations Under UAIAC – Respondents’ Further Liability on Tortuous Grounds – Claimant Entitled to Compensation Under Libyan Law – Compensation to Be Determined at the Discretion of the Arbitral Tribunal – Compensation for Actual Loss and Loss of Profit – Loss of Profit Resulting from Certain and Real Loss of Opportunity – Moral Damages Foreseeable at the time of the Conclusion of Contract – No Compensation for Fraud or Gross Fault – No Compensation for Potential Damages – Compensation for Probable Opportunities Provided that the Loss is Reasonably Certain – Actual Loss Relating to the Functioning of the Tripoli Offices for a Period of Four years – Moral Damages for Hindering Claimant’s Reputation in the Stock and Construction Markets
  • Commentaries on the Final Award by Ahmad Sadek El Kosheri (Egypt), Nassib Ziadeh (Bahrain) and Maher Ibrahim Al Sidawi, Mohamed Ibrahim Al Wakil and Hussam Salah Al Hojeilan (KSA).


I. Updates on new and recent laws and cases.
II. Conferences, Training and Seminars.
III. Miscellaneous News about Law Firms and Other Institutions.


The Unified Agreement for the Investment of Arab Capital in the Arab States Signed on 26 November 1980

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