Iran-United States Claims Tribunal, Case No. A/18
Procedural History:
Jurisdictional consideration by tribunal.
Overview:
People with dual Iranian-u.s. citizenship (P) filed claims against Iran (D) in an arbitral tribunal in The Hague under a Claims Settlement Declaration, which was part of tbe Algiers Accords reached in the aftermath of the 1979 Iranian seizure of U.S. diplomatic and consular personnel in Iran (D) as hostages. Iran (D) challenged the jurisdiction of the tribunal. Iranian militants seized U.S. diplomatic and consular personnel in Iran (D) as hostages after the 1979 Iranian revolution. The United States seized Iranian assets in the United States, and people and companies with claims against Iran (D) filed suit in U.S. courts, levying attachments against blocked Iranian assets. Algeria mediated a solution in January 1981, and the Algiers Accords was adopted by both states. The Algiers Accords included a Claims Settlement Declaration, and created an arbitral tribunal in The Hague to hear claims by the nationals of either state against the government of the other state. Certain people with dual Iranian-U.S. citizenship (P) filed claims against Iran (D) in the tribunal, and Iran (D) challenged its jurisdiction.
Issue:
Does the Claims Settlement Declaration arbitral tribunal have jurisdiction over claims against Iran (D) by dual Iran-United States nationals (P) if the dominant and effective nationality of the claimant is that of the United States?
Outcome:
Yes. The Claims Settlement Declaration arbitral tribunal has jurisdiction over claims against Iran (D) by dual Iran-United States nationals (P) if the dominant and effective nationality of the claimant is that of the United States. The text of the Claims Settlement Declaration is not completely unambiguous on the issue, but the 1930 Hague Convention as modified by recent developments in international law, precedent, and legal literature suggest a person’s dominant and effective nationality is determined by the stronger factual ties between the person concerned and one of the states whose nationality is involved. Factors to consider when determining the stronger factual ties include residence, center of interests, family ties, and participation in public life. Use of the word “national” or “nationals” in the Algiers Accords must be understood in a way that is consistent with this rule of international law, and jurisdiction under the Claims Settlement Agreement in these cases involving persons with dual citizenship against Iran (D) when the dominant and effective nationality of the person during the relevant period was that of the United States.
Rule:
the claims settlement declaration arbitral tribunal has jurisdiction over claims against Iran by dual Iran United States if the dominant and effective nationality of the claimant is that of the U.S.
Analysis:
In 1982, the tribunal closed to new claims by private individuals. In total. it received approximately 4,700 private U.S. claims. ordered payments by Iran [OJ to U.S. nationals totaling over $2.5 billion.
Procedural History:
Jurisdictional consideration by tribunal.
Overview:
People with dual Iranian-u.s. citizenship (P) filed claims against Iran (D) in an arbitral tribunal in The Hague under a Claims Settlement Declaration, which was part of tbe Algiers Accords reached in the aftermath of the 1979 Iranian seizure of U.S. diplomatic and consular personnel in Iran (D) as hostages. Iran (D) challenged the jurisdiction of the tribunal. Iranian militants seized U.S. diplomatic and consular personnel in Iran (D) as hostages after the 1979 Iranian revolution. The United States seized Iranian assets in the United States, and people and companies with claims against Iran (D) filed suit in U.S. courts, levying attachments against blocked Iranian assets. Algeria mediated a solution in January 1981, and the Algiers Accords was adopted by both states. The Algiers Accords included a Claims Settlement Declaration, and created an arbitral tribunal in The Hague to hear claims by the nationals of either state against the government of the other state. Certain people with dual Iranian-U.S. citizenship (P) filed claims against Iran (D) in the tribunal, and Iran (D) challenged its jurisdiction.
Issue:
Does the Claims Settlement Declaration arbitral tribunal have jurisdiction over claims against Iran (D) by dual Iran-United States nationals (P) if the dominant and effective nationality of the claimant is that of the United States?
Outcome:
Yes. The Claims Settlement Declaration arbitral tribunal has jurisdiction over claims against Iran (D) by dual Iran-United States nationals (P) if the dominant and effective nationality of the claimant is that of the United States. The text of the Claims Settlement Declaration is not completely unambiguous on the issue, but the 1930 Hague Convention as modified by recent developments in international law, precedent, and legal literature suggest a person’s dominant and effective nationality is determined by the stronger factual ties between the person concerned and one of the states whose nationality is involved. Factors to consider when determining the stronger factual ties include residence, center of interests, family ties, and participation in public life. Use of the word “national” or “nationals” in the Algiers Accords must be understood in a way that is consistent with this rule of international law, and jurisdiction under the Claims Settlement Agreement in these cases involving persons with dual citizenship against Iran (D) when the dominant and effective nationality of the person during the relevant period was that of the United States.
Rule:
the claims settlement declaration arbitral tribunal has jurisdiction over claims against Iran by dual Iran United States if the dominant and effective nationality of the claimant is that of the U.S.
Analysis:
In 1982, the tribunal closed to new claims by private individuals. In total. it received approximately 4,700 private U.S. claims. ordered payments by Iran [OJ to U.S. nationals totaling over $2.5 billion.
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