Editor’s Note: Special Issue on the Iran-United States Claims Tribunal

Author

Department of International Law, Law faculty, University of Qom

Abstract

The obligation of states to settle international disputes by peaceful means and the prohibition
of the threat or use of force in international relations are complementary principles enshrined in
the Charter of the United Nations, specifically Articles 2(3) and 2(4). These core norms affirm
the role of arbitration as the most important mechanism for the peaceful resolution of disputes
and the maintenance of international order. Within this normative framework, the Iran–United
States Claims Tribunal stands out for its substantial jurisprudential contributions to investor–state
arbitration and the broader field of interstate dispute resolution.
The Iran-United States Claims Tribunal is one of the most, if not the most, important
institutions in the history of international arbitration, and is considered the longest-running
interstate arbitration tribunal in modern times. Established after the 1979 Islamic Revolution, the
Tribunal was created to address complex disputes arising from the severance of diplomatic and
economic relations between Iran and the United States. Extensive contractual and investment
relations between the two countries before the revolution, had led to numerous legal disputes
that remained unresolved in the wake of political situation. The seizure of the United States
embassy in Tehran exacerbated the crisis and prompted the need for a formal mechanism for
dispute resolution. The 1981 Algiers Agreements between Islamic Republic of Iran and the U.S
with the mediation of Algeria and the subsequent establishment of the Tribunal demonstrate
how the two countries were able to transform a diplomatic impasse into a structured legal
process—an early demonstration of the capacity of international law to resolve disputes at the
states level. 

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