RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 21

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          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 applicable               



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