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The Jurisprudence of the Iran-United States Claims Tribunal$
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George H. Aldrich

Print publication date: 1996

Print ISBN-13: 9780198258056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258056.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 March 2021

Interim Measures of Relief

Interim Measures of Relief

(p.137) 3 Interim Measures of Relief
The Jurisprudence of the Iran-United States Claims Tribunal


Oxford University Press

The Algiers Declarations make no direct reference to interim measures that the Iran–United States Claims Tribunal might order, but Article 3, Paragraph 2 of the Claims Settlement Declaration makes an indirect reference by providing that the Tribunal ‘shall conduct its business in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) except to the extent modified by the parties or by the Tribunal to ensure that this agreement can be carried out’. The relevant provision of the UNCITRAL Rules – which is unchanged in the Tribunal Rules – is Article 26. When the Tribunal first addressed a request for interim measures of protection, it based the measures it ordered, not on Article 26, but on its ‘inherent powers’. The Tribunal did not refer to Article 26 in requesting Iran to stay proceedings against E-Systems in an Iranian court that involved the same contract and many of the same issues as E-System’s claims before the Tribunal.

Keywords:   Algiers Declarations, interim measures, Trade Law, Claims Settlement Declaration, arbitration, inherent powers

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