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Chapter 41 - Arbitration Under The Algiers Declarations (The Iran-U.S. Claims Tribunal) - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
42 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
IUSCT
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Originally from International Arbitration Law and Practice, Third Edition

ORIGIN

41.1. Origin of the Declarations − Contents

The Algiers Declarations aimed to settle the disputes that arose after the fall of the Shah of Iran in 1979. His overthrow, due to the Islamic Revolution subsequently terminated all commercial and financial relationships between the United States and Iran.

This crisis reached its height when the Iranian authorities arrested American Embassy staff in Teheran and the U.S. adopted financial retaliation measures.

Agreements between the countries signed on January 19, 1981 in Algiers1 brought the crisis to an end.

The Agreements concerned the release of the American hostages and the removal of the freeze on Iranian funds. It also required the settlement of thousands of claims by American citizens against Iran (as well as reciprocally, though to a far lesser degree) involving commercial debts, nationalizations, expropriations, breaches of contract and other matters.

Table of Contents: 

CHAPTER 41: ARBITRATION UNDER THE ALGIERS DECLARATIONS (THE IRAN-U.S. CLAIMS TRIBUNAL)

Origin
41.1 Origin of the Declarations – Contents
41.2 Form of the Declarations

Nature of the Tribunal
41.3 Arbitral or Non-Arbitral Nature of the Tribunal

The Two Roles of the Tribunal
41.4 The Two Roles of the Tribunal

Jurisdiction
41.5 Jurisdiction of the Tribunal

Substantive and Procedural Laws
41.6 Applicable Substantive and Procedural Laws