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Morrison-Knudsen Pacific Ltd. v. Ministry of Roads & Transportation

Published online by Cambridge University Press:  23 March 2017

Monroe Leigh
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Abstract

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Keywords

Nationalityclaimant as member of a consortium agreement with a non-U.S. nationalcounterclaims
Type
Judicial Decisions
Information
American Journal of International Law , Volume 79 , Issue 1 , January 1985 , pp. 146 - 148
Copyright
Copyright © American Society of International Law 1985

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References

1 For background information on the Iran-United States Claims Tribunal, see 77 AJIL 642 (1983).

2 Parviz Ansari Moin, the Iranian-appointed arbitrator, dissented. His dissenting opinion has not yet been issued.

3 See Flexi-Van Leasing Inc. v. Islamic Republic of Iran, Claim No. 36, Order of Dec. 20, 1982 (Chamber One), and General Motors Corp. v. Islamic Republic of Iran, Claim No. 94, Order of Jan. 21, 1983 (Chamber One), both summarized in 77 AJIL 642 (1983).

4 Chamber One has ordered the parties in another case to prepare memorials addressing the issue of the Tribunal’s jurisdiction over claims of U.S. nationals participating with nonnationals in partnerships or associations. See Haus International, Inc. v. Tehran Redevelopment Corp., Iran, Case No. 174, Order of Jan. 13, 1984 (Chamber One).

5 Article VII(2) defines claims to include

claims that are owned indirectly by [U.S.] nationals through ownership of capital stock or other proprietary interests in juridical persons, provided that the ownership interests of such nationals, collectively, were sufficient at the time the claim arose to control the corporation or other entity, and provided, further, that the corporation or other entity is not itself entitled to bring a claim under the terms of [the Claims Settlement A]greement.

6 Article 11(1) of the Claims Settlement Agreement gives the Tribunal jurisdiction over counterclaims that arise “out of the same contract, transaction or occurrence that constitutes the subject matter of . . . [the claimant’s] claim.”