A Look at Contractual Compensation in the Practice of the Iran-United States Claims Tribunal

Document Type : Original Article

Authors

1 Islamic Azad University, Central Tehran Branch, Law faculty

2 Islamic Azad University, Central Tehran Branch ,Law faculty

10.22091/ijicl.2025.11897.1120

Abstract

The principle of full compensation is an accepted principle in the field of law, which stipulates that all damages incurred by the injured party must be compensated. This research examines the methods of contractual compensation in the Iran-United States Claims Tribunal. First, we address the question: What is the concept of the principle of contractual compensation, and how are its conditions defined in various international legal conventions and documents? Given that the Iran-United States Claims Tribunal is one of the largest ad hoc international arbitrations, and to some extent for this reason, its opinions and rulings can be precedent-setting or at least highlight the practical aspects of arbitration in the realm of international law, we explore the question: In what manner has contractual compensation been addressed in the rulings of the Iran-United States Claims Tribunal? We will also provide a brief inductive report on the rulings related to termination, quantum meruit, and unpaid invoices in this context. The conclusion drawn is that in most cases, the Tribunal has awarded interest for compensation and has followed the monetary method of compensation.

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Iranian Journal of International and Comparative Law

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

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