Appeal Against Arbitration Awards with Emphasis on the Jurisprudence of the Iran-United States Claims Tribunal

Document Type : Original Article

Authors

1 Department of Private Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran

2 Department of International Law, Faculty of Law, Allameh Tabatabai University, Tehran, Iran

3 Department of International Law, Faculty of Law, Mofid University, Qom, Iran

Abstract

When arbitration is mentioned, the concept of its finality immediately comes to mind, and the possibility of appealing arbitration awards is generally dismissed. This characteristic has made arbitration an increasingly attractive method for resolving international commercial disputes due to its expedited and cost-effective nature. However, in certain arbitration regimes, including the Iran-United States Claims Tribunal (the IUSCT, the Tribunal), the possibility of appeal under specific conditions is anticipated. This research aims to assess the feasibility of appealing arbitration awards and analyze the associated limitations, with a focus on the jurisprudence of the IUSCT. In this context, the concept of appeal in international arbitration and its distinction from analogous concepts will be examined, and the unique position of appeals in the IUSCT will be analyzed. The findings, gathered through a descriptive-analytical methodology, indicate that, in specific cases, the IUSCT provide unique avenues for appealing awards.

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Iranian Journal of International and Comparative Law
Volume 2, Issue 2
December 2024
Pages 167-183

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