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(2) Professor Hamed Sultan, from Egypt, appointed by Kuwait, and
(3) Professor Paul Reuter, president of the tribunal, professor
of law at the University of Paris, appointed by the president of
the International Court of Justice. All three members of the
tribunal are now deceased. The arbitration agreement reflects
the parties’ recognition that it would be impracticable to
restore them to their respective positions prior to the
expropriation. Article III of the arbitration agreement empowers
the tribunal to decide:
(1) The amount of compensation, if any, payable by Kuwait
to Aminoil in respect of the assets acquired by Kuwait
pursuant to the expropriation;
(2) The amount of damages, if any, payable by Kuwait to
Aminoil in respect of the termination of the concession
agreement;
(3) The amount payable by one party to the other under the
concession agreement in respect of royalties, taxes, or
other obligations; and
(4) The amount of interest, if any, payable by either party
to the other, the rate of such interest, and the date
from which such interest shall be payable.
The arbitration agreement provides that the seat of the
arbitration shall be Paris.
2. Conduct of the Arbitration
The arbitration was conducted similarly to a judicial
proceeding. The tribunal established procedural rules; the
parties submitted combined pleadings and briefs (called
“Memorials”, “Counter-Memorials”, and “Replies”); the tribunal
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