- 15 - received documentary evidence and expert reports, and the tribunal heard witnesses and received oral argument. The tribunal’s procedures provided for hearings, to be conducted in two stages, with the second devoted to “quantum”. Eventually, however, the tribunal found the quantum stage to be unnecessary, and it never occurred. 3. Questions Presented to the Tribunal Among the questions presented to the tribunal were the following: (1) Whether the expropriation constituted a breach of the concession agreement by Kuwait and, therefore, was an unlawful taking under public international law, (2) whether Aminoil’s reparation should be measured by the public international law standard for a lawful expropriation or by the higher public international law standard for an unlawful expropriation, and (3) whether Aminoil’s reparation should include compensation for its concession as measured by the profits Aminoil lost as a result of the premature termination of the concession agreement. Other questions presented to the tribunal included the question of whether any interest was due either party, as provided for by the arbitration agreement, and questions relating to Kuwait’s counterclaims against Aminoil for royalties, taxes, and other asserted liabilities. The question of whether the expropriation was lawful or unlawful was important for Aminoil because it believed that,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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