- 50 - premises and reasoning, in light of the arbitration agreement, in determining whether the award is ambiguous as it pertains to the disputed item. We find that it is. We find most persuasive the seventh section of the award, in which the tribunal first addressed “Principles and Methods” of indemnification and determined that Aminoil must be compensated for its “legitimate expectations” of a “reasonable rate of return” from its terminated concession. The tribunal specifically included as a principle upon which to base the compensation due Aminoil that some measure of account must be taken of “all” of the elements of Aminoil’s undertaking. That led the tribunal to conclude: “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.” In the tribunal’s introduction to its discussion of “Amounts due to Aminoil” (paragraph 178), the tribunal further indicates that an amount is due Aminoil for the value of the concession measured by projected loss of future profits: These [”Amounts due to Aminoil”] are made up of the values of the various components of the undertaking separately considered, and of the undertaking itself considered as an organic totality - or going concern - therefore as a unified whole, the value of which is greater than that of its component parts, and which must also take account of the legitimate expectations of the owners. These principles remain good even if the undertaking was due to revert, free of cost, to thePage: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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