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Mobil Oil Iran Inc and Others v. Government of the Islamic Republic of Iran and National Iranian Oil Company

Iran-United States Claims Tribunal.  14 July 1987 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Arbitration — Agreement to arbitrate — Jurisdiction of tribunal — Iran-United States Claims Settlement Declaration, 1981 — Iran-United States Claims Tribunal — Jurisdiction — Whether requirement that claim had been submitted to a national court — Distinction between claims and disputes — Applicable law — Expropriation cases — State contracts

Claims — Claims before the Iran-United States Claims Tribunal — Existence of claim — Whether requirement that claim had been submitted to a national court — Distinction between claims and disputes — Contractual claims by members of oil consortium — Whether a requirement that all members of consortium be party to claim

Economics, trade and finance — State contracts — Economic development agreements — Governing law — Choice of law clause — Clause limited to interpretative issues — No provision for governing law in respect of other issues — Nature of agreement — Oil concession and replacement by new agreement — Whether agreement repudiated — Payments due under agreement — Force majeure

Expropriation — Contract rights — Whether repudiation of State contract amounts to expropriation — Law governing issues of expropriation — Relevance of international law — Relevance of proper law of the contract — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955 — Standards for assessing expropriation — Measure of compensation

State responsibility — For acts of State corporations — Contract between foreign companies and Iranian State corporation — Guarantee by Iran — Whether Iran liable in respect of breaches of contract

Damages — Measure of damages — Payments due in respect of contract — Damages for expropriation — Whether distinction between lawful and unlawful expropriation

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Procedure — The law and practice of the Iran-United States Claims Tribunal

Type
Case Report
Copyright
© Cambridge University Press 1991

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