Res Judicata In The Precedent Of Iran - United States Claims Tribunal

Document Type : Original Article

Authors

1 Law faculty, Shahid Beheshti University, Tehran, Iran

2 Assistant Professor, Faculty of Law, Shahid Beheshti University

10.22091/ijicl.2025.11894.1115

Abstract

This article, while examining the procedure of the Iran-United States Claims Tribunal Court based on the cases of this court, studies, criticizes, and examines the court's reasoning in the matter of Res Judicata and analyzes the approaches of the court. In this article, which is based on the court case study, it can be seen that the Iran-United States Tribunal did not act in the same way in applying Res Judicata; Sometimes it has expanded its scope and sometimes it has increased the threshold necessary for its application, and over time, it has not remained faithful to its previous approach and even based on some unconvincing arguments, the court has excluded some lawsuits from the scope of Res Judicata and dealt with it, and in case of application, it has increased the scope of its coverage and applied it to all the facts that used by the court to make the final decision.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 12 February 2025

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