AN ANALYSIS TO THE FUNCTION OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL

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MAFI H.

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Journal Paper

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Journal: LAW & POLITICS RESEARCH JOURNAL Year:2008 | Volume:10 | Issue:24 Page(s): 177-223

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Information Journal Paper

Title

AN ANALYSIS TO THE FUNCTION OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL

Author(s)

MAFI H. | Issue Writer Certificate

Keywords

RAN-UNITED STATES CLAIMS TRIBUNALQ2

COMMERCIAL ARBITRATIONQ3

JURISDICTIONQ3

NATURE OF ARBITRATION TRIBUNALQ3

FORUM- SELECTION CLAUSEQ2

CHANGE OF CIRCUMSTANCESQ3

COMPENSATIONQ3

Abstract

In the wake of severe political disputes between the two governments of Iran and the United States of America Which occurred following the occupation of the US embassy and detention of 52 US citizens in 13 Aban, 1385 and pursuant to freezing of Iran's property and assets in the United States, the political crisis between the two governments in 29 Daymah 1359 terminated with the mediation of the Government of Algeria and signature of Algiers Declaration. While solving political crisis between Iran and United States, the Algiers Declarations also include the legal method of solving legal and financial claims between the two governments. Following the Algiers Declarations, the IRAN-UNITED STATES CLAIMS TRIBUNAL was created. This Tribunal is an ad hoc international arbitration authority which has JURISDICTION based on rationed personae and ratione materiae.With the formation of arbitration Tribunal, the most important arbitration authority in the history of international disputes settlement was created in order to considering the claims and disputes between the two governments and their nationals against opposite party's government .The establishment of the arbitration Tribunal, was the result of common obligation and agreement of the Governments of Iran and the United States of America opened a new chapter in the history of the biggest international arbitration, in such a manner that we can evaluate it an important and historic change in the relations of two States. The purpose of the present article is to review the subject of JURISDICTION of the Tribunal and to explain its legal nature, to evaluate and to assess the applicable law in the framework of article 5 of the Claims Settlement Declaration and to analyze and to define the effects of the principle of CHANGE OF CIRCUMSTANCES in termination of the concluded contracts prior to the revolution of 1357, in order to showing from theoretical basis and practical experiences, the arbitration Tribunal's functions and its strength and weak points.

Cites

BACKGROUND AND LEGAL NATURE OF IRAN-UNITED STATES CLAIMS ARBITRAL TRIBUNAL

References

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APA: Copy

MAFI, H.. (2008). AN ANALYSIS TO THE FUNCTION OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL. LAW & POLITICS RESEARCH JOURNAL, 10(24), 177-223. SID. https://sid.ir/paper/98112/en

Vancouver: Copy

MAFI H.. AN ANALYSIS TO THE FUNCTION OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2008;10(24):177-223. Available from: https://sid.ir/paper/98112/en

IEEE: Copy

H. MAFI, “AN ANALYSIS TO THE FUNCTION OF THE IRAN-UNITED STATES CLAIMS TRIBUNAL,” LAW & POLITICS RESEARCH JOURNAL, vol. 10, no. 24, pp. 177–223, 2008, [Online]. Available: https://sid.ir/paper/98112/en

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