RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 52

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          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 the                 





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