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The Jurisprudence of the Iran-United States Claims Tribunal$
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George H. Aldrich

Print publication date: 1996

Print ISBN-13: 9780198258056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258056.001.0001

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Jurisdictional Issues

Jurisdictional Issues

Chapter:
(p.44) 1 Jurisdictional Issues
Source:
The Jurisprudence of the Iran-United States Claims Tribunal
Author(s):

GEORGE H. ALDRICH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258056.003.0002

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

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