- 54 - that point. By experience, Mr. Brower is knowledgeable concerning legal issues involving compensation for expropriation under public international law and the practice of international arbitration involving such disputes.11 Mr. Brower was accepted by the Court as an expert witness. The Court found Mr. Brower’s testimony to be forthright and credible. Mr. Brower has an opinion as to the compatibility of the tribunal’s reasoning with international law. He believes that it is impossible to determine from the face of the award whether or not the tribunal’s award of compensation to Aminoil is consistent with relevant principles of public international law (which was the law applied by the tribunal). He is of the opinion that the tribunal’s award of compensation to Aminoil would in fact be consistent with such principles, however, if, but only if, the “level of inflation”, “for which there was no precedent 11 Mr. Brower’s credentials are impressive: During the period 1969-1973 he served in the U.S. Department of State, successively as assistant legal adviser for European affairs, deputy legal adviser, and acting legal adviser. In that last position, he was the principal international lawyer for the Government of the United States in addition to being the chief lawyer for the Secretary of State and the U.S. Department of State. He was responsible for both the pursuit and defense of international claims involving the Unites States. From 1984 to 1988, he served full-time as a judge of the Iran-U.S. Claims Tribunal in the Hague. He is currently in private practice as a member of the law firm of White & Case. He serves by designation of the United States as a member of the Register of Experts of the United Nations Compensation Commission in Geneva, as well as serving on the Secretary of State’s Advisory Committee on Public International Law.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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