Hostname: page-component-84b7d79bbc-dwq4g Total loading time: 0 Render date: 2024-07-28T15:18:45.623Z Has data issue: false hasContentIssue false

Dallal v. Bank Mellat

England.  26 July 1985 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Arbitration — Enforcement of award — Iran-United States Claims Tribunal — Status — Whether awards based upon agreement between private parties — Whether based upon public international law — Recognition of award by English court — Whether satisfying requirements for recognition as a consensual private award — Existence of agreement to arbitrate — Proper law — Whether agreement to refer to Iran-United States Claims Tribunal valid under law of the Netherlands — Whether award valid under law of the Netherlands — Whether agreement between private parties to arbitrate can be based upon public international law — Iran-United States Claims Tribunal as a public body analogous to statutory tribunal — Duty of English courts to give effect to award of tribunal which derives its competence from public international law — Criteria for determining competence — Plaintiff unsuccessful in claim before Tribunal seeking to bring action in English courts based upon same cause of action — Res iudicata

International tribunals — Iran-United States Claims Tribunal — Status — Whether a private or public law body — Validity of proceedings under Dutch law

Relationship of international law and municipal law — Treaties — Algiers Declarations, 1981 — Purpose — Establishment of Iran-United States Claims Tribunal — Acquiescence by the Netherlands — Account to be taken of Declarations by the English courts — Public international law as a source of private rights

Comity — Duty of English courts to recognize award of tribunal competent under public international law — Duty not to frustrate object of Algiers Declarations, 1981 — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)