Sociological implications of the arbitral tribunal with emphasis on the arbitrator's competence in reviewing the dissolution of the contract

Document Type : Original Article

Authors

1 PhD Student in Private Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran.

2 Assistant Professor, Department of Private Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran.

Abstract

In today's rapidly changing era of legal relations, domestic courts do not have the capacity to hear disputes, especially international commercial cases, and new methods must be adapted to these developments. One of these alternative and appropriate methods is the arbitration body. Arbitration is based on an agreement between the parties on the formation of a private court and the procedure, and the existence of a dispute in any legal relationship, including the arbitration agreement, is obvious. This study examines the jurisdiction of the court and the arbitrator in cases of dispute over the original contract in Iranian and British law. The research method in this research is descriptive-analytical method. The results of the research show that there are different approaches in Iranian law to the jurisdiction of the arbitrator and the court in dealing with this dispute in both domestic and international areas, but in British law, the arbitrator has jurisdiction in this cases.

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 515-529

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