RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 56

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          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 (instead                




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