Dallal v. Bank Mellat

Abstract

Arbitration — Enforcement of award — Iran-United States Claims Tribunal — Status — Whether awards based upon agreement between private parties — Whether based upon public international law — Recognition of award by English court — Whether satisfying requirements for recognition as a consensual private award — Existence of agreement to arbitrate — Proper law — Whether agreement to refer to Iran-United States Claims Tribunal valid under law of the Netherlands — Whether award valid under law of the Netherlands — Whether agreement between private parties to arbitrate can be based upon public international law — Iran-United States Claims Tribunal as a public body analogous to statutory tribunal — Duty of English courts to give effect to award of tribunal which derives its competence from public international law — Criteria for determining competence — Plaintiff unsuccessful in claim before Tribunal seeking to bring action in English courts based upon same cause of action — Res iudicata

International tribunals — Iran-United States Claims Tribunal — Status — Whether a private or public law body — Validity of proceedings under Dutch law

Relationship of international law and municipal law — Treaties — Algiers Declarations, 1981 — Purpose — Establishment of Iran-United States Claims Tribunal — Acquiescence by the Netherlands — Account to be taken of Declarations by the English courts — Public international law as a source of private rights

Comity — Duty of English courts to recognize award of tribunal competent under public international law — Duty not to frustrate object of Algiers Declarations, 1981 — The law of England