While contemplating taking senior status with the 11th Circuit, Barkett received a call from the State Department, asking if she would be interested in serving as an arbitrator for the Iran-United States Claim Tribunal (IUSCT), an international arbitral tribunal established to resolve claims resulting from the Iran Hostage Crisis. Despite initial hesitation, Barkett accepted the position and helped resolve thousands of claims associated with the Algiers Accords.
Barkett's work in Iranian-U.S. affairs also led to her appointment as a judge ad hoc for a case between Iran and the U.S. regarding settlements provided to Americans affected by terrorist bombings funded by Iran. The case was heard by the International Court of Justice (ICJ), the only international court adjudicating general disputes between countries, and centered around judgments obtained in the American court totaling over $2 billion.
The plaintiffs were initially unable to access blocked Iranian assets due to U.S. executive orders. However, after Congress passed laws suspending the blocking order in cases involving a judgment against a terrorist state, the plaintiffs successfully executed upon assets from the national bank of Iran and other Iranian companies. In response, Iran filed a claim in the International Court of Justice, alleging that the United States violated the Treaty of Amity, which prohibits the U.S. from interfering with Iran's ability to conduct business. Despite the treaty's repudiation, the case concerns actions that occurred while it was still in effect. Oral arguments have been heard, and the court deliberates with a final opinion expected on March 30. Judge Barkett serves on the court and has received colleague praise for her work. She has found the experience of working with individuals from different cultural backgrounds and legal education fascinating.
