Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 89-101 |
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Dehghani P. Rights Governing the Formalities of International Trade Arbitration Agreement in the Light of Citizenship Rights. MLJ 2022; 16 :89-101
URL: http://ijmedicallaw.ir/article-1-1536-en.html
URL: http://ijmedicallaw.ir/article-1-1536-en.html
Department of Law, Faculty of Human Science University of Maragheh, Maragheh, Iran
Abstract:
Background and Aim: The formalities of arbitration agreements seek to make sure that the parties involved have in fact reached an agreement. As well, the issues associated with the realization of the formal condition and the consent for arbitration are often intertwined and considered together. In Iran’s legal system, the formalities of arbitration in international trade differ on the basis of 1. Whether they are considered by a national court or arbitration authority; 2. The stage of the agreement. After analyzing various theories, the New York Convention and, where possible, the easier formalities in arbitration law in both state judicial authorities and private ones are accepted.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents book and articles.
Ethical Considerations: In order to organize this research while observing the authenticity of the texts honesty and fidelity have been observed.
Results: The convergence of the dominant way of thinking in the legislative system of statutes in Iran with the dominant international law governing international arbitration in formalities foreseeing the validation of arbitration agreements holds promise for a facile settlement of differences of Iranian businessmen taking into account the new findings in international trade.
Conclusion: Currently, in both the statutes of Iran and the approach of the international arbitration bodies emphasizing the performance of organizational arbitration, there is a need to implement formalities on validating the international trade arbitration agreements. It is done to facilitate the procedure regardless of the stage at which it is - on the national and international level - and despite difficulty in identifying the dominant law.
Please cite this article as:
Dehghani P. Rights Governing the Formalities of International Trade Arbitration Agreement in the Light of Citizenship Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e6.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents book and articles.
Ethical Considerations: In order to organize this research while observing the authenticity of the texts honesty and fidelity have been observed.
Results: The convergence of the dominant way of thinking in the legislative system of statutes in Iran with the dominant international law governing international arbitration in formalities foreseeing the validation of arbitration agreements holds promise for a facile settlement of differences of Iranian businessmen taking into account the new findings in international trade.
Conclusion: Currently, in both the statutes of Iran and the approach of the international arbitration bodies emphasizing the performance of organizational arbitration, there is a need to implement formalities on validating the international trade arbitration agreements. It is done to facilitate the procedure regardless of the stage at which it is - on the national and international level - and despite difficulty in identifying the dominant law.
Please cite this article as:
Dehghani P. Rights Governing the Formalities of International Trade Arbitration Agreement in the Light of Citizenship Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e6.
Keywords: Arbitration, Arbitration Agreements, International Trade, Citizenship Rights, Face Validity
Type of Study: Original Article |
Received: 2022/07/5 | Accepted: 2022/08/20
Received: 2022/07/5 | Accepted: 2022/08/20
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