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Starrett Housing Corporation, Starrett Systems Inc and Starrett Housing International Inc v. Government of the Islamic Republic of Iran, Bank Omran, Bank Mellat and Bank Markazi
Published online by Cambridge University Press: 01 January 2021
Abstract
Expropriation — Definition — Taking of property — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Whether formal act of nationalization required — Creeping expropriation — Appointment of temporary manager to administer company — Owner deprived of right to manage company — Whether a taking of property — Other acts of interference with property — Date of taking — Nature of property expropriated — Physical assets — Intangible property — Ancillary rights — Right to repayment of loans made to company — Interests in property — Whether including indirect ownership of property through foreign subsidiary
Expropriation — Compensation — Standard of compensation — Iran-United States Treaty of Amity, Economic Relations and Consular Rights, 1955, Article IV(2) — Requirement of just compensation based upon full equivalent of property taken — Whether including loss of future profits — Whether distinction between lawful and unlawful expropriations
Expropriation — Compensation — Valuation of expropriated property — Basis of assessment — Fair market price — Price which a willing buyer would pay a willing seller — Reduction in value due to political conditions and government action — Whether conditions to be taken into account — Whether effect on value of anticipation of nationalization relevant — Methods of valuation — Use of discounted cash flow method — Tribunal rejecting elements in Expert’s valuation — Tribunal substituting equitable sum
Nationality — Corporations — Proof of nationality — Requirement that 50% or more of shares be owned by United States nationals — Proof — Relationship between parent and subsidiary companies
International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Ownership of claims — Indirect claims — Claims by United States corporation on behalf of foreign subsidiary — Claim by United States corporation regarding shareholder interest in Iranian corporation
International tribunals — Iran-United States Claims Tribunal — Use of experts — Expert asked to report on valuation — Weight to be given to Expert’s Report — Role of the Tribunal — The law and practice of the Iran-United States Claims Tribunal
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1991