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Contents
- Preliminary Material
- Main Text
- Introduction
- 1 Jurisdictional Issues
- A Nationality of Claims
- B Claims of Dual Nationals
- C Respondents
- D Indirect Claims
- E Enforcement of Decisions of Other Tribunals
- F Outstanding Claims
- 1 Non-Submission to Tribunals prior to 19 January 1981
- 2 Non-Demand prior to 19 January 1981
- 3 Expropriation Claims
- 4 Claims for Payments Due after 19 January 1981
- 5 Claims based on Breach of Contract
- 6 Claims for Damages occurring after 19 January 1981
- 7 Claims for Release from Potential Future Liability
- 8 Claims based on Standby Letters of Credit or Guarantees
- G Iranian Courts Exclusion
- H Hostages’ Exclusion
- I Popular Movements Exclusion
- J Tortious Acts or Omissions
- K Counterclaims
- 1 Jurisdiction over Counterclaims is Dependent upon Jurisdiction over the Claims
- 2 Withdrawal of a Filed Claim does not Affect Jurisdiction over Filed Counterclaims
- 3 Tribunal Jurisdiction over Counterclaims is not Exclusive
- 4 Counterclaims may exceed Claims in Amount
- 5 There is no Jurisdiction over Set-offs unless They meet the Requirements for Counterclaims
- 6 There is no Jurisdiction over Counterclaims that do not Arise from the Same Contract, Transaction, or Occurrence as a Claim
- 7 There is no Jurisdiction over Counterclaims for Taxes or Social Security Premiums
- 8 There is no Jurisdiction over Counterclaims by or against Non-Parties
- 9 Jurisdiction is not Affected by Contractual Prohibitions of Counterclaims
- 10 Jurisdiction is not Affected by the Fact that the Claims are Indirect
- L Official Claims
- M Interpretation or Application of the Algiers Declarations
- 2 Standing and Admissibility
- 3 Interim Measures of Relief
- A General
- B Stays of Proceedings in Other Fora
- 1 When a Counterclaim has been Filed with the Tribunal
- 2 When no Counterclaim has been Filed with the Tribunal
- 3 When Judgment has been Rendered in the Other Proceedings
- 4 When the Other Proceedings are for Attachments
- 5 When the Other Proceedings are Arbitrations
- 6 When the Tribunal Renders a Final Award
- 7 Measures Other than Stays of Proceedings
- 4 Choice of Law
- 5 Expropriations, Takings, and Deprivations of Property
- A Introduction
- B Acts Constituting Expropriation
- C The Question of Intent
- D Cases Where No Taking or Deprivation of Property was Found
- 1 Acts not Attributable to Iran
- 2 Lawful Regulations
- 3 Interference with Bank Accounts
- 4 Where Shares of Shareholders other than the Claimant were Taken
- 5 Where the Claimant Retained some Control over the Property
- 6 Where Property was Lost solely through Revolutionary Turmoil
- 7 Where the Claimant was not the Owner of the Property
- 8 Miscellaneous Failures of Proof
- E Conclusions with Respect to Liability
- F The Standard of Compensation
- G Valuation
- 6 Contractual Issues
- 7 Evidentiary Issues
- 8 Treaty Interpretation
- 9 Currency
- 10 Unjust Enrichment
- 11 Procedural Issues
- 12 Miscellaneous Issues
- 13 Claims and Disputes Between the Two Governments
- Further Material
- Table of Legislation and International Agreements
- Table of Cases
- Annex I Declaration of the Government of the Democratic and Popular Republic of Algeria
- Declaration of the Government of the Democratic and Popular Republic of Algeria concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran
- Undertakings of the Government of the United States of America and the Government of the Islamic Republic of Iran with respect to the Declaration of the Government of the Democratic and Popular Republic of Algeria
- Annex II Tribunal Rules of Procedure
- Tribunal Rules
- s.I Introductory Rules
- s.II Composition of the Arbitral Tribunal
- s.III Arbitral Proceedings
- Art.15 General Provisions
- Art.16 Place of Arbitration
- Art.17 Language
- Art.18 Statement of Claim
- Art.19 Statement of Defence
- Art.20 Amendments to the Claim or Defence
- Art.21 Pleas as to the Jurisdiction of the Arbitral Tribunal
- Art.22 Further Written Statements
- Art.23 Periods of Time
- Art.24 Evidence and Hearings: Articles 24–25
- Art.25
- Art.26 Interim Measures of Protection
- Art.27 Experts
- Art.28 Default
- Art.29 Closure of Hearings
- Art.30 Waiver of Rules
- Art.31 Decisions
- Art.32 Form and Effect of Award
- Art.33 Applicable Law
- Art.34 Settlement or other Grounds for Termination
- Art.35 Interpretation of the Award
- Art.36 Correction of the Award
- Art.37 Additional Award
- Art.38 Costs: Articles 38–40
- Art.39
- Art.40
- Art.41 Deposit of Costs
- Tribunal Rules
- Annex III Members of the Tribunal
- Index
