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Vol 21 No 9 Sept/Oct 2016

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The Iran-United States Claims Tribunal

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ISBN13: 9789041106278
ISBN: 9041106278
Published: April 1998
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £366.00

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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the 20th century. Although the completion of its last few cases could take a long time, the Tribunal's work is available in this text as a guide to the resolution of ongoing disputes and for future tribunals.

The Tribunal has disposed of over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination.

The authors deal with many Tribunal subjects and their intimate involvement in and knowledge of the Tribunal should ensure that the book provides a valuable contribution to the literature of International Law.

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Arbitration and Dispute Resolution
Part I: The Establishment of the Iran--United States Claims Tribunal.
1. The Genesis, Structure, Organization and Nature of the Tribunal.
2. The Jurisdiction of the Tribunal. Part II: Contributions of the Iran--United States Claims Tribunal to International Arbitration.
3. Arbitrators -- Panel Composition and Failure to Act.
4. The Appointing Authority and Challenges.
5. Evidentiary Considerations.
6. Interim Measures of Protection.
7. Reconsideration and Reopening of Awards. Part III: Contributions of the Iran--United States Claims Tribunal to Public International Law.
8. Treaty Interpretation.
9. Claims of Dual Nationals.
10. Exchange Controls.
11. Wrongful Expulsion. Part IV: The Contributions of the Iran--United States Claims Tribunal to the Concepts of Liability and Compensation in Takings Doctrine.
12. Actions Engaging State Responsibility for Expropriation and Other Measures Affecting Property Rights.
13. Responsibility of a Government for Takings.
14. The Standard of Compensation.
15. Deriving a Quantum of Compensation from the Standard of Compensation.
16. Value of Expropriated Business Entities.
17. Valuation of Tangible Property. Part V: Concluding Chapters.
18. The Tribunal's Practice of Awarding Interest.
19. The Tribunal's Jurisprudence as a Source of Public International Law.
20. Summing Up the Tribunal. Appendix A: The Algiers Accords. Appendix B: Tribunal Rules of Procedure. Appendix C: List of Publications on the Tribunal. Table of Tribunal Cases Cited. Index.