- 52 - agreement], and (3) “interest”. As a matter of interpretation, therefore, the tribunal’s provision in the award of the compound 10-percent per annum “level of inflation” must fall within one or another of those categories or be outside of the tribunal’s scope of authority. We have no reason to believe that the tribunal acted outside of the scope of its authority, and we reject that possibility. Moreover, language in paragraph 178 of the award (“Amounts due to Aminoil”) indicates that the disputed item is not within the category of interest. In subparagraph (5) of paragraph 178, the tribunal expressly differentiates between “a reasonable rate of interest, which could be put at 7.5%,” and “a level of inflation which the Tribunal fixes at an overall rate of 10%,” which suggests that (1) the tribunal considered “interest” and “the level of inflation” to be separate items and (2) the latter, therefore, must be either “compensation” or “damages”. The tribunal’s reasoning is, thus, ambiguous as to how it came to measure the amount of compensation owing to Aminoil and whether the tribunal might have taken into account any value measured by the potential of the concession to generate profits. Petitioner’s argument that the tribunal’s compensation did include an element of compensation measured by loss of future profit in a disguised way--specifically, through the “level of inflation”--is plausible. In contrast, respondent failed to persuade us that the award is clear on its face or that thePage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011