Texaco Overseas Petroleum Co. v. Libya
Arbitration by Professor Rene-Jean Dupuy
104 J. Droit Int'l 350 (1977)
Relevant factsFree
Libya (defendant) nationalized all rights and property TOPCO and CAOC (plaintiffs) held under 14 deeds of concession referencing general principles of law and international-tribunal precedent as governing law; Libya refused to participate in the resulting arbitration despite an ICJ-appointed sole arbitrator, arguing the disputes involved non-arbitrable sovereign acts, and the arbitrator proceeded and ruled on the merits in the companies' favor.
IssueFree
Whether an internationalized contract between a sovereign state and private contracting parties may be unilaterally altered by the state without the consent of all parties.