Harza Engineering Company v. Islamic Republic of Iran

Abstract

The individual in international law — Nationality — Nationality of corporations — Claims by company organized under laws of the State of Delaware — 97 percent of outstanding capital stock held by United States nationals — Whether company a United States national within the meaning of Iran-United States Claims Settlement Declaration, 1981, Article VII — The law and practice of the Iran-United States Claims Tribunal

Disputes — Arbitration — Procedure — Competence — Claim for payment of credit balance of allegedly expropriated bank accounts — Whether claimant company a United States national — Counter-claim — Whether within jurisdiction of Tribunal — Relationship between subject matter of claim and counterclaim — Iran-United States Claims Settlement Declaration, 1981, Articles 11(1) and VII — The law and practice of the Iran-United States Claims Tribunal

State responsibility — Nature and kinds of — For taking of, or interference with, property — Bank account — Alleged pattern of interference amounting to expropriation — Jurisdiction of arbitral tribunal — Counterclaim — Relationship between subject matter of claim and that of counterclaim — Whether taking of property could occur under international law in absence of nationalization or expropriation — Unreasonable interference — Iran-United States Claims Settlement Declaration, 1981, Article II(1) and Article VII — The law and practice of the Iran-United States Claims Tribunal