The Role and Position of the Principle of Good Faith in the Iran-United States Claims Tribunal

Document Type : Original Article

Authors

1 Department of Private Law, Faculty of Law, Tarbiat Modares University, Tehran,Iran

2 Ph.D. student of private law - Tarbiat Modares University, Tehran, Iran

3 Ph.D. student of International Trade and Investment Law - Tarbiat Modares University

10.22091/ijicl.2025.11893.1114

Abstract

The Iran-United States Claims Tribunal can be regarded as one of the most important arbitration bodies in history. The arbitrators of this institution have referred to general principles of law, citing Article 5 of the Claims Settlement Declaration, in various cases for decision-making. Among the general principles of law, if not the most important, undoubtedly one of the most important principles is the principle of good faith. This principle plays a significant role in ensuring justice and fair adjudication. The present study, using library and documentary sources and a descriptive-analytical method, examines the role and status of the principle of good faith in the Iran-United States Claims Tribunal. The research findings show that the tribunal, recognizing the importance and role of the principle of good faith in ensuring justice and fair adjudication, has referred to and established a bridge between the two legal systems of Iran and the United States in various procedural and substantive instances. The principle of good faith has played an important role in the tribunal.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 18 January 2025

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