NCJ Number
97007
Date Published
1984
Length
14 pages
Annotation
This paper highlights the European meeting on transnational corporate disputes (sponsored by the Center for Public Resource) and discusses the United States-Iran claims tribunal.
Abstract
Litigation is reported to be much simpler in European countries than in the United States: trials are shorter, discovery is virtually nonexistent, and there are no juries in civil cases. Nonetheless, European companies are more adverse to litigation than are American companies, and numerous commerce contracts mandate arbitration, particularly in the international context. Mediation and conciliation are much more frequently in the resolution of business disputes in Europe than in the United States. The tribunal established as part of the arrangement for the release of the American held hostage in Iran. The paper xamines the agreement, which called for the return of the hostages in exchange for the return of billions of Iran's dollars seized by President Carter. The monies paid back are divided into various categories, including $1.418 billion for nonsyndicated loans and $1 billion for nonbank claimants. As of May 1984, some 96 cases resulted in payments to claimants; of these, 66 were settlements totaling some $165 million. Advantages and drawbacks for American claimants are identified, and the question of whether the tribunal will succeed is addressed. The tribunal is described as having the potential for creating better political and economic relationships between the two countries.