On 18 June 1985 Touche Ross requested that the filing of this latter document be disallowed. This document in turn was the subject, first, of an objection to its filing, and subsequently of a "Supplemental Brief" and evidence filed by the Respondent on 7 March 1985. On 12 June 1984 Touche Ross filed a "Reply" to the Respondent's comments. In response to that Order, certain documents were filed by Touche Ross and commented on by the Respondent. In the same Order of 11 November 1983, the Tribunal directed the Claimant to file copies of certain monthly progress reports referred to in the Contract. The Respondent also renewed its request for a further hearing. The Respondent filed such a Memorial and the Claimant filed a Response. In an Order of 11 November 1983, however, the Tribunal authorized the filing of a Memorial summarizing the Respondent's arguments on the issue of jurisdiction arising out of the "choice of forum" clause in the Contract. The Respondent requested a continuation of the hearingand an opportunity to submit further evidence, but this was denied at that stage of the proceedings. The Respondent did not file any evidence before the hearing, which took place on 19 October 1983.Īt the hearing the Claimant sought, and was later granted, leave to amend the Statement of Claim to include a request for an order for 286 the release of a letter of credit opened to secure the good performance guarantee in the Contract. Touche Ross filed its evidence on the merits on 2 August 1983 and 6 October 1983, and evidence as to its United States nationality and standing on 15 September 1983. In the course of the proceedings before the Tribunal, a schedule was laid down for the filing of evidence by the Parties. It also sought to recover social security liabilities. On 2 November 1982 the Respondent filed a Statement of Defence and Counterclaim, in which it sought, inter alia, to recover contractual payments made to Touche Ross of US $1,177,886 on the grounds that the latter had improperly terminated the Contract. Touche Ross also claims costs of US $8,675 for attending a subsequent meeting between the Parties in Tehran. ![]() The Contract was cancelled by Touche Ross pursuant to its force majeure provisions on 17 July 1979. ![]() The claim is, inter alia, for US $866,172 in respect of services rendered under the Contract prior to 25 June 1979. ![]() 115 ("the Contract") entered into between the Parties on 11 June 1977, for the provision of certain auditing services. On 18 January 1982 the Claimant ("Touche Ross"), a partnership organized under the laws of the State of New York, practicing accountancy, filed with the Tribunal a claim against the Respondent, the Islamic Republic of Iran, seeking payment of amounts allegedly due to it under Contract No. THE BACKGROUND TO THE CASE a) The procedural history The following is the text as issued by the Tribunal: THE ISLAMIC REPUBLIC OF IRAN, RespondentĬhamber One: Lagergren, Chairman Ameli, 1 Holtzmann, 2 Members 284 TOUCHE ROSS AND COMPANY, a Partnership, Claimant v.
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