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Iran-U.S. Claims Tribunal Appointing Authority

Published online by Cambridge University Press:  10 March 2017

Sean D. Murphy
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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 94 , Issue 2 , April 2000 , pp. 378
Copyright
Copyright © American Society of International Law 2000

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References

1 The Claims Settlement Declaration of the Algiers Accords provides that “Members of the Tribunal shall be appointed and the Tribunal shall conduct its business in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) except to the extent modified by the Parties or by the Tribunal to ensure that this Agreement can be carried out. The UNCITRAL rules for appointing members of three-member tribunals shall apply mutatis mutandis to the appointment of the Tribunal.” Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran, Jan. 19,1981, Art. 111(2), reprinted in 1 Iran-U.S. C.T.R. 9,10 (1983). Based on the UNCITRAL rules, the tribunal adopted on May 3,1983, Final Rules of the Iran-United States Tribunal, which provide in Article 7 (2) (b) that the secretary-general of the Permanent Court of Arbitration may, upon the resignation of the appointing authority, designate another.

2 Designation of Appointing Authority (July 1,1999), reprinted in MeALEY’s In t’l Arb. Rep., July 1999, atB-1 toB-2.