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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2022. An individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use.date: 18 May 2022

Mixing Legal Cultures in International Arbitration:

Mixing Legal Cultures in International Arbitration:

The Iran-United States Claims Tribunal

(p.34) (p.35) 2 Mixing Legal Cultures in International Arbitration:
Legal Discourse across Cultures and Systems

Peter Malanczuk

Hong Kong University Press

Based on the experience of the Iran–United States Claims Tribunal, this chapter argues for the multi-cultural composition of the arbitrators in tribunals. This tribunal was created under unique circumstances, considering the diverse ideological premises of the parties, their political and military confrontation, and the volume of the economic interests at issue, and this was often reflected in the difficulties of its operation in practice. In that particular instance, Iran and the United States each appointed three arbitrators from their own countries. Since their national legal systems were as different as their languages, cultures, and religion, these differences were further complicated by the diversity of the backgrounds and legal traditions of the third-country arbitrators from Sweden, Germany, Switzerland, Argentina, Poland, Finland, The Netherlands, and Italy. This made tribunal proceedings and decision in terms both of the procedure and the substantive law truly multicultural.

Keywords:   multicultural tribunal, Iran, United Sates, third-country arbitrators, legal culture, international court

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