The Nature of the Iran-United States Claims Tribunal and the Evolving Structure of International Dispute Resolution (original) (raw)

A Review of the Iran-United States Claims Tribunal

Misión Jurídica, 2020

This article is intended to analyse the Iran-United States Claims Tribunal by considering its origins and decisions in order to find out to what extend it has been successful in the settlement of international commercial and interstate disputes between Iran and the United States. The Tribunal work is evaluated to determine whether it has been a workable pattern of Western-style legal institution for further instances of politically changed circumstances. In its arguments and expositions, I will discuss whether the Tribunal is an international arbitral tribunal created to resolve private law disputes or an interstate arbitration body typically established by treaty. I will argue that the Tribunal should be considered as an instrument of public international law, because it is based on an international treaty between sovereign states. Through this study I will examine the question of the Tribunal's jurisdiction and its application of international law as compared with the decisions of other international tribunals. It also considers an internal question to the theory of the governing law to the resolution of disputes.

The Iran-United States Claims Tribunal

The American Journal of International Law, 1983

In a notice issued by David P. Stewart, Administrator for Iranian Claims, under date of June 24, 1983, the Department of State informed claimants before the Iran-United States Claims Tribunal at The Hague of recent developments at the Tribunal with specific regard to settlement of claims. The notice read in part:On two recent occasions, the Tribunal had refused to certify as Tribunal awards settlements submitted by U.S. claimants and Iran. In one case the amount of the proposed settlement significantly exceeded the amount of the claim. In the other, the settlement was in the full amount of the claim plus interest, but the settlement required that, after the settlement had been paid from the Security Account at the N.V. Settlement Bank of Netherlands, more than half of the amount of the settlement would be paid to Iran for taxes allegedly owed. The U.S. claimant had previously denied that any such taxes were owed. The United States—and, to the best of the Department of State’s knowle...

The Ties that Bind: The Limits of Automony and Uniformity in International Commercial Arbitration

University of Pennsylvania Journal of International Law, 1992

While the world awaits the advent of an international commercial court, bilateral and multilateral agreements have already created fora with limited jurisdiction over commercial disputes. For example, the Court of Justice for the European Communities may be seized by private (noninstitutional) parties under certain limited circumstances, and is competent to rule on the interpretation and application of the treaties which drive the communities. See generally JEAN BOULOUIS, DROIT INSTITUTIONNEL DES COMMUNAUTtS EUROP9ENNES (1984). The Iran-United States Claims Tribunal, created under the Algiers Accords, is an arbitral institution with jurisdiction to resolve the commercial disputes that arose as a result of the political upheaval in Iran in 1979.

The American Influence on International Arbitration

2008

It is a curious fact that the Americanization of international arbitration is a topic that is often felt but rarely discussed.' If we in the arbitration community do discuss it, we typically do so casually over drinks, rarely in a formal setting such as a law school symposium. Certainly, it is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. This being the case, why not admit it openly and reflect upon the import of this trend? One can only guess as to why this topic has merited so little attention, particularly in light of the redundant and superfluous discussions that are typical fare at many an arbitration conference. Given the overwhelming American influence in the world today, perhaps the silence reflects a desire among American arbitrators to avoid a public display of hubris. Perhaps it reflects among non-American arbitrators a desire to avoid a public display of resentment. Or perhaps it reflects simple apathy, as the arbitration community is not given to self-reflection, preferring instead to focus on the substance of our livelihood rather than the sociology of our collective lives. Perhaps it reflects a timidity within this tight-knit community, as we wish to avoid public discussion of subjects that divide us and focus instead upon legal developments that unite us. Why embark on treacherous waters to face the fractures within our college when we could remain anchored in the safe harbor of yet another discussion of Chromalloy 2 and Hilmarton? 3

International Arbitration: Selected Preliminary Topics

A. International arbitration as opposed to other means of dispute settlement B. The Concept of International Arbitration: definition, composition and international public / private arbitration C. The requirement of consent D. Applicable Law E. The pathology of arbitral awards

Impacts of cultural differences on international arbitration based on the example of Iran

2018

This research aims to ascertain whether and to what extent cultural issues impact the accessibility and effectiveness of international arbitration, and to provide recommendations which will contribute to the improvement of international arbitration. It examines the origin of arbitration as a means of resolving disputes, the development of current international arbitration law and the UNCITRAL Model Arbitration Law. It compares the arbitration law and procedures of the US, England and Wales (E&W), and Iran. It then focuses on the effect of social and legal culture on international arbitration. The aim of this research is achieved through a multi-methods study. An extensive review of the relevant literature in both Farsi and English was conducted. A case study from the Iran and the US international arbitration tribunal of the 1980s. A comparative study of the law and procedures was carried out to ascertain the similarities and differences of each jurisdiction. Finally, a series of sem...

International Courts and Tribunals

Evolving Institutions and Arrangements in a Context of Changing U.S. Security Policy, 2009

This article summarizes significant developments in 2006 concerning international courts and tribunals, particularly events relating to the International Court of Justice, the Permanent Court of Arbitration, the Iran-U.S. Claims Tribunal, the Eritrea-Ethiopia Claims Commission, and arbitral tribunals constituted under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States. This article covers the period of activity from December 1, 2005, to November 30, 2006. I. International Court of Justice• The International Court of Justice (ICJ or Court) is the principal judicial organ of the United Nations (U.N.). The ICJ's jurisdiction is twofold: to deliver judgments in contentious cases submitted to it by sovereign states, and to issue nonbinding advisory opinions at the request of certain U.N. organs and agencies. 2 This section reports briefly on the contentious cases decided by the Court, new cases before the Court, the Court's general list of pending cases, and the composition of the Court.

INTERNATIONAL ARBITRATION

2024

This article delves into the concept of international arbitration, providing a detailed examination of its historical evolution, diverse types, and robust legal foundations. It comprehensively covers the procedural stages involved, from the initiation of arbitration proceedings to the enforcement of arbitral awards. Emphasizing its pivotal role in global commerce, the article discusses the advantages of arbitration, including its impartiality, confidentiality, and flexibility tailored to parties' needs. Furthermore, it explores contemporary trends shaping arbitration, such as technological innovations, sustainability practices, and efforts to enhance diversity and transparency. Overall, the article demonstrates how international arbitration serves as a critical mechanism for efficiently and equitably resolving intricate cross-border disputes in today's interconnected world.