Sola Tiles Inc v. Government of the Islamic Republic of Iran

Abstract

Claims — Nationality of claims — Corporation — Requirement that corporation prove United States nationality by proving that at all relevant times 50% or more of its shares were owned by United States citizens — Method of proof — Inferences regarding share ownership — Ownership of claim — Requirement of continuous ownership of claim from date when claim arises to 19 January 1981

Expropriation — Definition — Progressive taking of property — Interference with property amounting to deprivation of ownership — Compensation — Standard of compensation under international law — Appropriate compensation — Valuation of property — Physical assets — Evidence of valuation — Loss of profits and goodwill — Whether undertaking to be valued as a going concern — Business prospects to be assessed in light of political situation in expropriating State

International tribunals — Iran-United States Claims Tribunal — Procedure — Evidence — Evidential difficulties of Claimant denied access to documents — Legitimate inferences — Award of interest and costs — The law and practice of the Iran-United States Claims Tribunal