Appeal Against Arbitration Awards with Emphasis on the Jurisprudence of the Iran-United States Claims Tribunal

When arbitration is mentioned, the concept of its finality immediately comes to mind, and the possibility of appealing arbitration awards is generally dismissed. This characteristic has made arbitration an increasingly attractive method for resolving international commercial disputes due to its expedited and cost-effective nature. However, in certain arbitration regimes, including the Iran-United States Claims Tribunal (the IUSCT, the Tribunal), the possibility of appeal under specific conditions is anticipated. This research aims to assess the feasibility of appealing arbitration awards and analyze the associated limitations, with a focus on the jurisprudence of the IUSCT. In this context, the concept of appeal in international arbitration and its distinction from analogous concepts will be examined, and the unique position of appeals in the IUSCT will be analyzed. The findings, gathered through a descriptive-analytical methodology, indicate that, in specific cases, the IUSCT provide unique avenues for appealing awards.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2024-12-01
DOI
https://doi.org/10.22091/ijicl.2025.11898.1118
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Appeal Against Arbitration Awards with Emphasis on the Jurisprudence of the Iran-United States Claims Tribunal

Leila Qhorbani, Amirhosein Khatami, Mohammad Zarei
SHILAP Revista de lepidopterología
International Arbitration and Investment Law
article

Appeal Against Arbitration Awards with Emphasis on the Jurisprudence of the Iran-United States Claims Tribunal

Leila Qhorbani, Amirhosein Khatami, Mohammad Zarei
article en

Abstract

When arbitration is mentioned, the concept of its finality immediately comes to mind, and the possibility of appealing arbitration awards is generally dismissed. This characteristic has made arbitration an increasingly attractive method for resolving international commercial disputes due to its expedited and cost-effective nature. However, in certain arbitration regimes, including the Iran-United States Claims Tribunal (the IUSCT, the Tribunal), the possibility of appeal under specific conditions is anticipated. This research aims to assess the feasibility of appealing arbitration awards and analyze the associated limitations, with a focus on the jurisprudence of the IUSCT. In this context, the concept of appeal in international arbitration and its distinction from analogous concepts will be examined, and the unique position of appeals in the IUSCT will be analyzed. The findings, gathered through a descriptive-analytical methodology, indicate that, in specific cases, the IUSCT provide unique avenues for appealing awards.

SHILAP Revista de lepidopterología
Peace, Justice and strong institutions
Openalex Percentile: Top 30%
International Arbitration and Investment Law
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Appeal Against Arbitration Awards with Emphasis on the Jurisprudence of the Iran-United States Claims Tribunal — Leila Qhorbani, Amirhosein Khatami, et al. · SHILAP Revista de lepidopterología (2024) | TGRS Research Map | TGRS