IRAN-UNITED STATES CLAIMS TRIBUNAL
SEPARATE OPINION OF JUDGE SEYED JAMAL SEIFI
CONCURRING IN PART, DISSENTING IN PART
1. I agree with many of the findings and reasoning of the Partial Award dated 10 March 2020 (the Partial Award or the PA). However, I disagree with the majority's methodology in relation to the meaning and scope of the term "all Iranian properties" as used in Paragraph 9 of the Algiers General Declaration (the General Declaration or the GD). I also disagree with the majority's decisions dismissing a claim based on that methodology, including Claims G-15, G-16 and G-111. Here I take issue with the majority's methodology and findings concerning the term "all Iranian properties".
2. In these proceedings Iran claims that the United States failed to perform its obligations under Paragraph 9 of the General Declaration, which provides: "Commencing with the adherence by Iran and the United States to this Declaration and the attached Claims Settlement Agreement and the making by the Government of Algeria of the certification described in Paragraph 3 above, the United States will arrange, subject to the provisions of U.S. law applicable prior to November 14, 1979, for the transfer to Iran of all Iranian properties which are located in the United States and abroad and which are not within the scope of the preceding paragraphs" (emphasis added).
3. The United States denies responsibility, disputing in many respects Iran's claims both in fact and in law.
4. This is a dispute arising from the interpretation and performance of a treaty, i.e., the General Declaration that jurisdictionally falls squarely and exclusively within the ambit of Paragraph 17 of the General Declaration as well as Article II(3) of the Claims Settlement Declaration (or the CSD).
5. A core issue in these proceedings is the meaning and scope of the term "all Iranian properties" as used in Paragraph 9 of the General Declaration, which requires an interpretation in accordance with applicable rules of international law as enshrined in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (hereinafter the Vienna Convention), which the Tribunal has consistently applied in its past cases involving interpretation of the Algiers Declarations.