JURISDICTIONAL BASICS GOVERNING THE COMMERCIAL ARBITRATION IN IRAN

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Abstract

With the birth and growth of the arbitration phenomena in recent decades, establishment of Court of Arbitration in the form of International Commercial Arbitration Law, international treaties and domestic independent and particular laws by countries, the increasing tendency of traders and businesses to resolve problems through this body gradually leads to excellence of the position of this body and typically coercion and obligation of officials and supporters of this entity to modify or supplement the former rules or ratify new and progressive legislation with broader discretionary limits for arbitrators, so that the establishment and ratification of regulations in form of conventions with membership of many countries has been the result of meeting will of politicians with fortune and tendency of businessmen, merchants and etc. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute resolution in international commercial transactions. However, Consistent with the dominance of the national authority on private equity, the entity is located at the foot of the rights of nature into the public law; although, private perspective is dominance.

Keywords: Arbitration, Independent Arbitration Clause, Civil Procedure

How to cite this paper: Rahmani, T., & Mirzadeh Koohshahi, N. (2016). Jurisdictional basics governing the commercial arbitration in Iran. Journal of Governance and Regulation, 5(2), 34-39. https://doi.org/10.22495/jgr_v5_i2_p4