- 23 - concession did not forbid nationalisation, the stabilization clauses * * * were nevertheless not devoid of all consequence, for they prohibited any measures that would have had a confiscatory character”; they, therefore, “created for the concessionaire a legitimate expectation that must be taken into account.” The tribunal reiterated, too, that from “the time when its rate of production reached a satisfactory level, Aminoil was in the position of an undertaking whose aim was to obtain a ‘reasonable rate of return’ and not speculative profits which, in practice, it never did realize.” The tribunal stated further that “over the years, Aminoil had come to accept the principle of a moderate estimate of profits, and * * * it was this that constituted its legitimate expectation.” Concluding, the tribunal stated: [The Tribunal] considers it to be just and reasonable to take some measure of account of all the elements of an undertaking. This leads to a separate appraisal of the value, on the one hand of the undertaking itself, as a source of profit, and on the other of the totality of the assets, and adding together the results obtained. The tribunal concluded its discussion of principles and methods by stating that it “is necessary in all cases to consider the value of the assets as at the date of transfer, taking due account of the depreciation they have undergone by reason of wear and tear and obsolescence.” For reasons explained at length in the Award, the tribunal rejected the net book values Kuwait sought.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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