Legal effect of arbitration clause in US-Iran oil lawsuits

Document Type : Original Article

Author

Islamic Azad Univercity Lecturer

10.30510/psi.2021.262601.1393

Abstract

Although litigation and dispute resolution between the parties is usually formally conducted by elected government judges, this may sometimes be done by persons whom the parties have agreed on their choice and vote. Therefore, in addition to judicial litigation, there is a type of private litigation called arbitration, which of course has various types that are divided into domestic and international, case and organized arbitration, civil and commercial arbitration, and so on. To be. One of the issues discussed in the international arbitration procedure is the issue of oil disputes between Iran and the United States following the Iranian revolution and the cancellation of investment agreements by the host country based on the agreement of the parties in Algeria, known as the first and second Algerian statements. It was found that as a result of referring to the arbitration mechanism, the international arbitration procedure has changed from full compensation to reasonable compensation and according to the current situation, the compensation has been ordered by the selected arbitrators. Of course, the arbitration mechanism in this regard is a case of international arbitration, which deals with disputes through the establishment of the Iran-US Arbitration Court in The Hague.

Keywords

Political Sociology of Iran
Volume 5, Issue 5
August 2022
Pages 755-769

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