Chapter

Jurisdictional Issues

GEORGE H. ALDRICH

in The Jurisprudence of the Iran-United States Claims Tribunal

Published in print October 1996 | ISBN: 9780198258056
Published online March 2012 | e-ISBN: 9780191681776 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258056.003.0002
Jurisdictional Issues

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Every tribunal has some limits to its jurisdiction, and international tribunals frequently have more limited grants of jurisdiction than domestic tribunals. Thus, it should not be surprising that the decisions of the Iran–United States Claims Tribunal with respect to the extent of its jurisdiction were numerous and that a great many claims and counterclaims submitted to it were dismissed for lack of jurisdiction. The Tribunal’s jurisdiction was in some respects quite broad, particularly in the types of obligations covered, in the acceptance of jurisdiction over claims owned indirectly through foreign juridical persons. Nevertheless, the limitations set forth in the Accords were also significant, particularly those relating to nationality, the requirement that the claims must have been outstanding at the date of the Accords, the several specific exclusions from jurisdiction, and the limitations imposed on counterclaims.

Keywords: jurisdiction; Accords; requirement; limitations; claims; counterclaims

Chapter.  40916 words. 

Subjects: Public International Law

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