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Iran-United States Claims Tribunal: Partial Award Containing Settlement Agreements on the Iranian Bank Claims Against the United States and on the International Court of Justice Case Concerning the Aerial Incident of July 3, 1988

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 35 , Issue 3 , May 1996 , pp. 553 - 602
Copyright
Copyright © American Society of International Law 1996

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References

* [Reproduced from the text provided by the Office of International Claims and Investment Disputes, Office of the Legal Adviser, U.S. Department of State; the Background Fact Sheet is reproduced from the U.S. Department of State Fact Sheet, dated February 22, 1996.

[The I.C.J. Order, dated February 22, 1996, in the Case Concerning the Aerial Incident of 3 July 1988 appears at 35 I.L.M. 550 (1996); the I.C.J. Order, dated December 13, 1989, in the Case Concerning the Aerial Incident of 3 July 1988 appears at 29 I.L.M. 123 (1990); Iran's Application to the I.C.J., dated May 17, 1989, Instituting Proceedings in the Case Concerning the Aerial Incident of 3 July 1988 appears at 28 I.L.M. 842 (1989); and the International Civil Aviation Organization Resolution, dated March 17, 1989, and Report, dated November 1988, Concerning the Destruction of the Iran Air Airbus on July 3, 1988, appears at 28 I.L.M. 896 (1989).

* The authority of this Tribunal to issue Awards on Agreed Terms is strictly limited to settlements submitted by the Parties with respect to disputes within its jurisdiction and properly pending before it. Hence, the reference in paragraph 14(b) of the present Award to the Obligation of the United States to pay a settlement amount — the greater part of which is evidently a consideration against the settlement- not of Cases before this Tribunal, but of a Case before the International Court of Justice--should only be read in the light of the above stated point; a fact to which paragraph 14(a) of the Award has itself alluded.

* The authority of this Tribunal to issue Awards on Agreed Terms is strictly limited to settlements submitted by the Parties with respect to disputes within its jurisdiction and properly pending before it. Hence, the reference in paragraph 14(b) of the present Award to the obligation of the United States to pay a settlement amount — the greater part of which is evidently a consideration against the settlement not of Cases before this Tribunal, but of a Case before the International Court of Justice — should only be read in the light of the above stated point; a fact to which paragraph 14(a) of the Award has itself alluded.

* The reference numbers are based on the lists of SLCs contained in Docs. 889, 896 and 909 filed in Case A/15 (I:C).