Phillips Petroleum Company, Iran v. Islamic Republic of Iran and National Iranian Oil Company Amoco Iran Oil Company v. Islamic Republic of Iran and Others

Abstract

Arbitration — Jurisdiction — Iran-United States Claims Settlement Declaration, 1981 — General Declaration, Principle B — Interpretation of reference to “Majlis position” — Whether obligation to submit disputes to arbitration should be restrictively construed — Restrictions on capacity of representatives of Iran to bind Iran to Algiers Declarations

Arbitration — Procedure — Preliminary hearing on jurisdiction — Requirement that respondents should have adequate time in which to prepare their case — Allegations that tribunal and its chairman displayed bias

International tribunals — Iran-United States Claims Tribunal — Jurisdiction — Procedure

Treaties — Validity — Specific restrictions upon competence of a State’s representatives — Requirement of prior notification — Whether notoriety of national law restrictions constitutes sufficient notification — Vienna Convention on the Law of Treaties, 1969, Article 47 — Treaty obligation contrary to rule of national law of fundamental importance — Vienna Convention, Article 46