Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on international litigation/arbitration.
Michael Burrows, Formerly, Of Counsel, Baker & McKenzie, New York.
The international crisis resulting from Iraq’s invasion of Kuwait may not be resolved for years. A useful model, however, for the resolution of the commercial disputes between both states and private parties that necessarily arise from such crises is provided by the Iran-United States Claims Tribunal (the Tribunal), established in 1981 pursuant to the Algiers Accords (the Accords) that freed the U.S. diplomatic personnel held hostage in Iran from 1979 to 1981. A decision of the U.S. Court of Appeals for the Ninth Circuit, Ministry of Defense of the Islamic Republic of Iran v. Gould et al. (Gould), enhanced the Tribunal’s status as a useful model for the resolution of crisisrelated commercial disputes by holding that its awards are enforceable in U.S. Courts under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).
This chapter discusses the issues decided in the Gould opinion relating to the enforceability of Tribunal awards under the New York Convention.