Examination of the Mechanism Governing the Recognition and Enforcement of Awards Issued by the Iran-U.S. Claims Tribunal with Emphasis on the Applicability of the 1958 New York Convention(مقاله علمی وزارت علوم)
حوزههای تخصصی:
The Iran-United States Claims Tribunal is an international body established based on agreements reached in the Algiers Accords, tasked with resolving legal disputes between the parties and their nationals. The Tribunal’s contribution in reducing conflicts and the volume of cases handled demonstrates its effectiveness in peacefully settling disputes and implementing beneficial arbitration practices. However, controversies exist regarding the enforcement of the Tribunal’s awards, particularly as paragraph 7 of the General Declaration stipulates the establishment of a Security Account by Iran to secure the enforcement of financial judgments against the country, while no specific provisions are made for other awards. This situation has led to Iran’s objections regarding the absence of a similar mechanism for the enforcement of awards in its favor, deeming the recognition and enforcement framework of the New York Convention inadequate in this context. The present study aims to analyze the enforcement mechanism of the Tribunal’s awards through a descriptive-analytical method, focusing on the applicability of the recognition and enforcement framework of the 1958 New York Convention. The central research question is: What mechanism governs the recognition and enforcement of awards issued in favor of Iranian parties? The fundamental hypothesis posits that, according to existing practices, the New York Convention is applicable to the enforcement of these awards. Research findings indicate that the New York Convention possesses the necessary capacity for the enforcement of the Tribunal’s awards. Furthermore, the Tribunal’s dual nature, addressing claims from two states as well as claims from nationals of one state against another, does not create an obstacle in this regard.