E-Systems, Inc., Claimantv. The Islamic Republic of Iran, Bank Melli Iran, Respondents

In: International law reports, Band 71, S. 631-649

Abstract

Treaties — Interpretation of — Principles and rules of interpretation — Arbitration treaty — Iran-United States Claims Settlement Declaration, 1981, Article 11(2) — Ordinary meaning — Article VII(2) — Iran-United States General Declaration, 1981, GeneralPrinciple B — Scope of — The law and practice of the Iran — United States Claims TribunalDisputes — Arbitration — The award — Scope and binding force of — Precedence over decisions by national courts — The law and practice of the Iran — United States Claims TribunalDisputes — Arbitration — Miscellaneous — Powers of arbitral tribunal — Inherent power to order interim measures of protection — The law and practice of the Iran — United States Claims TribunalDisputes — Arbitration — Procedure — Competence — Interpretation of arbitration agreement — Whether tribunal has exclusive jurisdiction over any counterclaim within its competence — Iran-United States Claims Settlement Declaration, 1981, Article II(1) — Ordinary meaning — Article VIII(2) — Iran-United States General Declaration, 1981, General Principle B — Scope of — Theories of precedence of arbitration awards over decisions by national courts — Whether applicable — Scope and binding force of award — Inherent powers of tribunal to order interim measures of protection — The law and practice of the Iran-United States Claim Tribunal