RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 50

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          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 the                





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