- 16 - under public international law, if the expropriation were unlawful, it would be entitled to be recompensed for any increase in the value of its assets between the expropriation date and the date of any award. 4. Aminoil’s Claims With Respect to Expropriated Assets As recompense for its assets other than the concession, Aminoil sought to recover the amounts of money and other current assets taken and, with respect to its fixed assets, their depreciated replacement value. Aminoil claimed that Kuwait had expropriated money and other current assets with a total value of $30,356,000. Aminoil claimed $2,587,136,000 of lost profits, calculated on a 1980 present value basis. Recognizing that the concession agreement would have required it to transfer its fixed assets to Kuwait free of charge upon the concession’s natural termination on June 28, 2008, Aminoil sought no payment for its fixed assets in the event the tribunal awarded it compensation for the concession measured by profits lost for the entire period through the natural termination date. Aminoil sought recovery for its fixed assets only if the tribunal measured the lost profits attributable to the concession through some date prior to 2008, in which case Aminoil demanded to be paid for the fixed assets’ depreciated replacement value as of that sooner date. Aminoil presented the tribunal with an expert valuation report finding that the depreciated replacement value of the fixed assets on the expropriation date was $185,305,000.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011