- 56 - in international arbitration cases. In short, he believes that political considerations may have played a significant part in the tribunal’s choice of language. Mr. Brower believes that international arbitral tribunals choose their language carefully to insure that both parties will honor the award, particularly in disputes involving sovereign states, which may hinder enforcement by invoking the doctrine of sovereign immunity. In particular, Mr. Brower believes that arbitrators called upon to rule on allegations of unlawful actions by a sovereign conventionally exhibit a certain sensitivity to the political framework within which the case arises. He believes that sovereign states invariably and vigorously resist accusations of unlawfulness, not only because of the higher compensation a finding of unlawfulness might entail but also, and more importantly, because no government wishes to be branded before the world as having acted unlawfully, particularly if it wishes to encourage future foreign investment. Mr. Brower has examined the award and believes that it provides “abundant evidence” of the tribunal’s “attention to pragmatic and political concerns”. He surmises that Kuwait would not have wanted any award of compensation either to state explicitly or to suggest impliedly, by its evident amount or by its nature, unlawfulness. Mr. Brower states: In particular, Kuwait would have wished to avoid an award which, even while finding it acted lawfully, appeared to grant compensation reflecting the value of what was expropriated at the time of the award (insteadPage: 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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