Document Type : Original Article
Authors
1
Ph.D. Student,, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2
Assistant Professor, Department of Law, Shahrood Branch, Islamic Azad University, Shahrood, Iran
3
Assistant Professor, Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract
Today, due to the progress and expansion of international trade, the resulting disputes have also found their complexity. Arbitration, on the other hand, was created to meet the needs of businessmen and governments. In the meantime, determining the governing law is of great importance and is itself an independent science and practice in the process of resolving disputes in arbitration. The principle of the rule of will, in the case of the law governing the nature of litigation, has been accepted in international commercial arbitrations, and on this basis, the parties can agree on the rule of law, and if it is not reached. Such an agreement, the arbitrators, at their own discretion, undertakes this important matter. The discussion of the law governing arbitration stems from the international nature of these arbitrations, and when a foreign element enters the arbitration, several laws may apply to the arbitration, and each country has its own rules. Private or conflict of law has its own rules. These conflict resolution rules are the national law of the court that determines the governing law. The prevailing law is not limited to the substantive law, for resolving the principle of litigation, but according to the type of any dispute, the governing law is chosen, and today, due to the tendency towards denationalization of arbitrations in substance , Much attention is paid to transnational commercial law. One of the issues that faces many doubts in arbitration is the appointment of a competent authority,
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