1984

AT

A/18 Iran US Claims Tribunal

Dual nationals filed 100/450 claims over $250,000 against Iran. Interpretation of Article VII paragraph 1 of the Claims Settlement Declaration in regard whether the tribunal has jurisdiction over claims against Iran by persons who are US citizens and Iranian Citizens Resolution While the tribunal is clearly an international tribunal established by treaty and while some of its cases involve disputes between the two governments and involve the interpretation and application of public international law, most disputes (including all those brought by dual nationals) involve a private party on one side and a government or government-controlled entity on the other, and many involve primarily issues of municipal law and general principles of law. In such cases it is the rights of the claimant, not of his nation, that are to be determined by the Tribunal [nature of the Tribunal]

The relevant rule flows from Nottembohm, the rule of real and effective nationality, and the search for stronger factual ties between the person concerned and one of the states whose nationality is involved. The tribunal has jurisdiction over claims against Iran by dual Iran-US nationals when the dominant and effective nationality of the claimant during the relevant period from the date the claim arose until 19 January 1981 was that of the US. In determining the dominant and effective nationality the tribunal will consider all factors, including habitual residence, centre of interest, family ties, participation in public life and other evidence of attachment To this conclusion the Tribunal adds an important caveat. In cases where the tribunal finds jurisdiction based upon dominant and effective nationality of the claimant the other nationality may remain relevant to the merits of the claim. There is precedent for denying jurisdiction on equitable grounds in cases of fraudulent use of nationality. When an individual disguises his dominant and effective nationality in order to obtain benefits with his secondary nationality (Flegenheimer)