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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,
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