RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 57

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               of on the date of expropriation [the former being a                    
               consequence of an unlawful expropriation]), or a value                 
               measured to any degree by loss of profit, or both,                     
               because the former is consistent only with unlawfulness                
               and the later may suggest it (particularly to Kuwait).                 
               * * *                                                                  
          Mr. Brower also believes that other factors would have influenced           
          Kuwait to avoid any explicit compensation for lost profits.                 
          Among those factors were (1) American involvement in encouraging            
          Kuwait into the arbitration and (2) OPEC’s stated policy that               
          compensation to Western oil companies should be based only on               
          book value and that any other basis for compensation, including,            
          in particular, any valuation measured by lost profit, should be             
          refused.  He believes that Kuwait would have been reluctant to              
          agree openly to an award inconsistent with OPEC’s policy,                   
          particularly against a background of what other states important            
          to Kuwait might have characterized as “American pressure.”                  
               Mr. Brower also takes note of the separate opinion of Judge            
          Fitzmaurice, who agreed with the operative section (which                   
          consists only of the actual award of a lump sum of $179,750,764),           
          while, at the same time, finding that the expropriation was                 
          irreconcilable with the stabilization clauses and thus,                     
          Mr. Brower concludes, unlawful.  Mr. Brower concludes that Judge            
          Fitzmaurice agreed with the operative section because, in his               
          view, it constituted proper compensation for an unlawful                    
          expropriation.                                                              






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