Abstract

The Al-Kharafi award brings to light a previously unexploited investment treaty, the Unified Agreement for the Investment of Arab Capital in the Arab States (UAIACAS). Where the award highlights some important interpretive problems with UAIACAS regarding the tribunal’s jurisdiction, significant issues arise related to the treaty’s relationship with domestic laws of the States parties. Additionally, the tribunal’s award of large amounts of compensation for several types of damages is particularly interesting. However, since the tribunal has not based its reasoning on jurisprudence developed in the earlier awards rendered by other investment treaty tribunals dealing with similar questions, it is problematic to place this award within the overall jurisprudence of international investment law.

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