- 21 - could be fully effective only for a period shorter than the 60-year term of the concession agreement, and (3) the stabilization clauses had lost much of their force through changes in the relations between the parties since 1948. Thus, section five provides: “a lawful nationalisation of Aminoil’s undertaking had occurred.” The tribunal’s analysis and conclusion with respect to the stabilization clauses was not unanimous. Sir Gerald G. Fitzmaurice disagreed with the majority’s analysis of the stabilization clauses. He concluded that the expropriation was irreconcilable with the stabilization clauses. Despite that conclusion, however, Judge Fitzmaurice noted his “entire agreement with the Operational Part (Dispositif) of the Award”, i.e., the bottom line, net compensation awarded to Aminoil of $179,750,764. 8. The Question of Indemnification The tribunal’s discussion of indemnification in the seventh section of the award (section seven) is divided into two parts, the first dealing with “Principles and Methods” and the second determining amounts due. The tribunal begins the first part by recognizing that there is “a very considerable gap” between Aminoil’s claim, based on the lost profits value of the concession, and Kuwait’s offer, based on net book value of the assets expropriated. Section seven identifies “appropriate compensation” as the applicablePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011