Full Description
The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none.
In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice.
In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal.
CONTRIBUTORS INCLUDE: Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal
David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal
Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal
Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal
Mark R. Joelson, Law Office of Mark R. Joelson
Lucinda A. Low, Steptoe & Johnson
Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State
Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal
Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal
Jeffrey F. Pryce, Steptoe & Johnson
Contents
1. Iran-U.S. Claims Tribunal Precedent in Investor-State Arbitration, Christopher S. Gibson and Christopher R. Drahozal ; 2. Nationality of Business Association Claims Before the Tribunal: Key Cases that International Arbitrators Should Know, David J. Bederman Awards: Housing & Urban Services, Intl (HAUS), Inc. v. Islamic Republic of Iran Bikoff v. Islamic Republic of Iran Saghi v. Islamic Republic of Iran ; 3. Interim Measures of Relief: The Continuing Importance of the Iran-U.S. Claims Tribunals Jurisprudence, Sean D. Murphy Awards: Behring Intl, Inc. v. Islamic Republic Iranian Air Force E-Systems, Inc. v. Islamic Republic of Iran Islamic Republic of Iran v. United States ; 4. The Tribunal's Transparency Features: Some Observations, Jack J. Coe, Jr. ; 5. Consolidation of Proceedings in Investor-State Arbitration: From the Iran-U.S. Claims Tribunal to the NAFTA, Lucinda A. Low and Jeffrey F. Pryce ; 6. Evidentiary Practices Before the Iran-United States Claims Tribunal, Roger P. Alford Awards: Avco Corp. v. Iran Aircraft Industries Buckameier v. Islamic Republic of Iran Harris Intl Telecommunications, Inc. v. Islamic Republic of Iran ; 7. Contract-Related Claims in Iran-U.S. Claims Tribunal Jurisprudence, Daniel M. Price Awards: Starrett Housing Corp. v. Islamic Republic of Iran SeaCo, Inc. v. Islamic Republic of Iran ; 8. The Contributions of the Iran-United States Claims Tribunal to the International Law on Expropriation, Mark R. Joelson Awards: Amoco Intl Finance Corp. v. Islamic Repoublic of Iran Phillips Petroleum Co. Iran v. Islamic Republic of Iran Foremost Tehran, Inc. v. Islamic Republic of Iran ; 9. The Enduring Relevance of the Expropriation Jurisprudence of the Iran-U.S. Claims Tribunal for Investor-State Arbitrations, Andrea J. Menaker Awards: Starrett Housing Corp. v. Islamic Republic of Iran Tippetts, Abbett, McCarthy, Stratton v. TAMS-AFFA Consulting Engineers of Iran Phelps Dodge Corp. v. Islamic Republic of Iran ; 10. The Iran-U.s. Claims Tribunal and Investment Arbitration: Understanding the Claims Settlement Declaration as a Retrospective BIT, David D. Caron
