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Ministry of Defence of the Islamic Republic of Iran v. Gould Inc and Others

United States.  23 October 1989 ; 30 June 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Enforcement of award — Award by Iran — United States Claims Tribunal — Action for enforcement in municipal courts — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Article V — Conditions for refusal of enforcement — Burden of proof — Requirement that award be based upon written arbitration agreement between parties — Iran-United States Algiers Accords, 1981 — Whether constituting written arbitration agreement between United States claimant and Iran — Decision turning on whether the President of the United States acting on behalf of United States nationals when signing Accords — Requirement that award of tribunal not exceed scope of dispute submitted to arbitration — Whether requirement that award be based on the national law of a signatory to the Convention

Claims — State control over private claims — Effect of inter-State agreement — Iran-United States Algiers Accords, 1981 — Executive order issued by President of United States implementing Accords — Order suspending existing claims by United States nationals against Iran in United States courts and referring such claims to Iran-United States Claims Tribunal — Whether President having power to refer claims of United States nationals to Tribunal

Economics, trade and finance — Export embargo — Legislative ban on arms sales to Iran — Award of Iran-United States Claims Tribunal requiring United States corporation to deliver military equipment to Iran — Whether award enforceable by United States court — Opinion of the United States Executive — Significance

International tribunals — Iran-United States Claims Tribunal — Awards — Whether award of Claims Tribunal enforceable under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — Procedure — Failure by claimant to amend pleadings so as to reflect final submission to Claims Tribunal — Claims Tribunal basing its award on claimant' s final submission — Whether failure to amend pleading constituting ground for refusal to enforce award under New York Convention

Treaties — Interpretation — Objects and purposes — New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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