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

Abstract

The principle of res judicata serves as a fundamental pillar of adjudication within legal frameworks, prohibiting a judicial body from re-adjudicating a dispute that has already been resolved and for which a judicial decision has been rendered. This paper explores the jurisprudence of the Iran-United States Claims Tribunal, critically analyzing the Tribunal’s reasoning and approach to res judicata. A descriptive-analytical analysis, alongside a meticulous examination of the Tribunal’s rulings, reveal inconsistencies in its application of res judicata. At times, the Tribunal has raised the threshold for its application compared to similar courts and Tribunals, whereas at other instances, it has broadened its scope. Over time, the Tribunal has not remained consistent with its prior findings regarding res judicata, occasionally excluding certain disputes from its ambit based on insufficiently robust arguments. Furthermore, when applying this principle, the Tribunal has expanded its scope and asserted authority over all aspects of the ruling articulated in the operative part of the judgment. Consequently, a notable inconsistency exists within the Tribunal’s rulings regarding the application of pertaining to the principle of res judicata.

Keywords

Main Subjects

Iranian Journal of International and Comparative Law
Volume 2, Issue 2
December 2024
Pages 147-166

Files

Share

How to cite

Statistics