The Influence of the Iran-United States Claims Tribunal on ICSID and the Permanent Court of Arbitration in the Context of State Responsibility

Document Type : Original Article

Author

azad university, tehran center branch

10.22091/ijicl.2025.11924.1124

Abstract

The Court of Arbitration for Claims of Iran and the United States is one of the most important international arbitration institutions, which has created a rich source of judicial practice that can be discussed and examined from various angles due to the handling of various claims over several decades. One of the mentioned dimensions of the court is its impact on the international arbitration procedure, which needs to be discussed. The purpose of this article is to investigate the impact of the Iranian-American Court of Arbitration on the ICSID procedure and the Permanent Court of International Arbitration in terms of the responsibility of governments, and on this basis, it has tried to achieve this goal by using library data and applying the analytical descriptive method. The findings of the research indicate that the Court of Arbitration of Iran and the United States has had an impact on the ICSID arbitration procedure and the Permanent Court of International Arbitration regarding the international responsibility of governments. The Permanent Court of International Arbitration in lawsuits such as Pukas Company's lawsuits against Russia, Mr. Allard's lawsuit against the Government of Barbados, which was conducted under the rules of international arbitration and UNCITRAL rules, has acted on the international development of governments by citing the Arbitration Court of Iran and the United States. Also, the IXID Arbitration Court has developed the concept of international responsibility in lawsuits such as the lawsuit of the Costa Rican Santa Elena company against the Republic of Costa Rica, citing examples from the Iranian and American Arbitration Courts.

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