The Islamic Republic of Iran v United States of America - Iran-United States Claims Tribunal (IUSCT) Partial Award No 604 in case No A15-II-A - Separate Opinion of Judge Hamid Reza Nikbakht Fini - 10 March 2020
IRAN-UNITED STATES CLAIMS TRIBUNAL
SEPARATE OPINION OF JUDGE HAMID REZA NIKBAKHT FINI
I file this Separate Opinion to register my views as to the findings of the present Partial Award. I disagree with the findings and reasonings of the Award concerning the general legal issue in this Case, i.e., the treaty interpretation and the central point in this respect, that is, the interpretation of the phrase "Iranian properties" in Paragraph 9 of the General Declaration.
This point will be elaborated in Part One of this Opinion. My observations as to the Award's reasonings on issues of private international law and the application of the domestic laws will be presented in Part Two. As to the individual claims, I agree with some of the findings and disagree with some other. In Part Four of this Separate Opinion, my detailed views as to each individual claim will be presented. Finally, I have serious concerns over certain due-process implications of the Award as rendered by the Majority. This point will be treated in Part Three of this Separate Opinion.
Partial Award: The Islamic Republic of Iran v United States of America - Iran-United States Claims Tribunal (IUSCT) Partial Award No 604 in case No A15-II-A - 10 March 2020