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From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich

4 Choice of Law »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
Article V of the Claims Settlement Declaration provided the Tribunal with broad discretion in its choices of applicable law. The Tribunal shall decide all cases on the basis of respect for law, applying such choice of law rules and principles of commercial and international law as the Tribunal determines to be applicable, taking into account relevant usages of the trade, contract provisions and changed circumstances. The freedom accorded the Tribunal by this provision inspired the Tribunal to a creative and eclectic approach—one might almost conclude a variety of...

13 Claims and Disputes Between the Two Governments »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
This Chapter summarizes the decisions of the Tribunal on two special types of cases: disputes between Iran and the United States as to the interpretation of or compliance with the terms of the Algiers Declarations and the large Iranian contractual claim against the United States Department of Defence designated Case No. B1 . As noted in the Introduction, jurisdiction over these cases was reserved to the Full Tribunal. The General Declaration provided, in paragraph 16, for jurisdiction over disputes submitted by Iran as to whether the United States has complied...

Contents »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich

6 Contractual Issues »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
Claims arising out of contractual relationships constituted a substantial part of the total claims presented to the Tribunal. Included were contracts between agencies of the two governments, contracts between private persons and a government agency, and contracts between private persons where one government became liable for the debts of one of the parties by virtue of the Algiers Declarations and the exercise by that government of control over that party. 1 The great variety of contracts, parties, and circumstances gave the Tribunal the opportunity to address...

9 Currency »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
Relatively few issues concerning currency arose in cases decided by the Tribunal. While many contracts between American claimants and Iran provided for payments in Iranian rials, the 1981 Algiers Declarations established a security account in U.S. dollars for the payment of all claims against Iran. 1 Consequently, as Awards by the Tribunal against Iran were all to be paid in dollars, with a few exceptions, the awarded amounts were stated in dollars. 2 Thus, the principal currency question facing the Tribunal was the choice of the rate of exchange for debts due in...

Annex I Declaration of the Government of the Democratic and Popular Republic of Algeria »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich

7 Evidentiary Issues »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
The Algiers Declarations make no reference to rules of evidence, except as may be implicit in the general directive of Article V of the Claims Settlement Declaration that the Tribunal ‘shall decide all cases on the basis of respect for law’. The Tribunal Rules, however, deal with the question of evidence in Article 24, 1 which states: In practice, the Tribunal was conscious of the practical difficulties facing the parties in finding and producing evidence. Most of the claims had arisen many years prior to the time evidence was to be presented to the Tribunal. The...

5 Expropriations, Takings, and Deprivations of Property »

From: The Jurisprudence of the Iran-United States Claims Tribunal: An Analysis of the Decisions of the Tribunal
George H Aldrich
The Islamic Revolution that toppled the Shah and, in February 1979, saw the formation of the Islamic Republic gave rise, directly or indirectly, to most, if not all, of the expropriation claims presented to the Tribunal. That there should be many such claims is scarcely surprising, as the Revolution brought about profound social changes in Iran, including the exodus of numerous Iranian and foreign businessmen and technical experts and the cessation of certain businesses. Moreover, the new Islamic Regime was anxious to reduce foreign influence in Iran, particularly...