Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 347-359 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Karimi V. Criticism and Review of the World Health Organization Institutional Arbitration and Its Possibility of Application in the Iranian Legal System. MLJ 2026; 20 (61) :347-359
URL: http://ijmedicallaw.ir/article-1-2015-en.html
URL: http://ijmedicallaw.ir/article-1-2015-en.html
Department of Law, Varamin Branch, Islamic Azad University, Varamin, Iran.
Abstract:
Background and Aim: In the first decade of the 21st century, the World Health Organization defined a new method of arbitration in health disputes, which was considered an exception to the rules of global trade and tourism dispute resolution. Due to the lack of administrative communication between the Ministry of Health of our country and the World Health Organization, this method of dispute resolution is considered an informal type of institutional arbitration, so there is no legal prohibition on its implementation.
Method: This study was conducted using an analytical-descriptive method and aimed at a legal critique of this arbitration method and the possibility of its application within the country.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: The result is that in the country's health system, due to the impact of criminal issues, institutional arbitration has not been defined and other forms of dispute resolution are not well known. However, assuming the lack of impact of criminal issues in disputes, the application of the World Health Organization arbitration method has no legal prohibition.
Conclusion: Administrative challenges such as the lack of international communications of the Ministry of Health and the separation of physical and financial damages have prevented the formation of institutional arbitration in this area. At the same time, in the practice of our country's Chamber of Commerce, the agreement of the International Chamber of Commerce with the World Health Organization has been ignored. Currently, this type of arbitration is accepted among economic activists, especially Iranian tourism companies active in Europe, which is considered correct within the framework of the principle of freedom of will.
Please cite this article as:
Karimi V. Criticism and Review of the World Health Organization Institutional Arbitration and Its Possibility of Application in the Iranian Legal System. Medical Law Journal. 2026; 20: 23.
Method: This study was conducted using an analytical-descriptive method and aimed at a legal critique of this arbitration method and the possibility of its application within the country.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: The result is that in the country's health system, due to the impact of criminal issues, institutional arbitration has not been defined and other forms of dispute resolution are not well known. However, assuming the lack of impact of criminal issues in disputes, the application of the World Health Organization arbitration method has no legal prohibition.
Conclusion: Administrative challenges such as the lack of international communications of the Ministry of Health and the separation of physical and financial damages have prevented the formation of institutional arbitration in this area. At the same time, in the practice of our country's Chamber of Commerce, the agreement of the International Chamber of Commerce with the World Health Organization has been ignored. Currently, this type of arbitration is accepted among economic activists, especially Iranian tourism companies active in Europe, which is considered correct within the framework of the principle of freedom of will.
Please cite this article as:
Karimi V. Criticism and Review of the World Health Organization Institutional Arbitration and Its Possibility of Application in the Iranian Legal System. Medical Law Journal. 2026; 20: 23.
Keywords: Arbitration, World Health Organization, International Chamber of Commerce, Physical Damage, Health Disputes
Type of Study: Original Article |
Received: 2025/11/19 | Accepted: 2025/12/20
Received: 2025/11/19 | Accepted: 2025/12/20
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
