RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 54

                                       - 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

Last modified: May 25, 2011