Published online by Cambridge University Press: 01 January 2021
Expropriation — Taking of property — Breaches of contractual obligations — Contract between State and foreign company — Repudiation by State of its contractual obligations — Confiscation of property without proper notice — Proper law of agreement — Law of contracting State to be supplemented by international law — Convention for the Settlement of Investment Disputes between States and Nationals of Other States, 1965
Damages — For expropriation — Measure of damages — Damnum emergens and lucrum cessans — Amounts invested and lost due to confiscation — Loss of profits — Costs and expenses incurred
Arbitration — Arbitration between State and foreign company — ICSID arbitration — Jurisdiction of tribunal — Procedure in default of appearance by State — Applicable law