Review of the bill of the Comprehensive Arbitration Law and the UNCITRAL Model Law

Document Type : Original Article

Authors

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

2 Assistant Professor of Law, Shahid Chamran University of Ahvaz, Ahvaz, Iran.

3 Assistant Professor, Department of Law, Qeshm International Branch, Islamic Azad University, Qeshm, Iran

Abstract

Iran International Commercial Arbitration Law is undoubtedly an important development and a step forward in the process of legislation on arbitration in our country, and along with the provisions of the Code of Civil Procedure, the Iranian arbitration system to a more complete and acceptable system in terms of criteria and criteria. International advances. Therefore, the adoption of the International Commercial Arbitration Law, arbitration can lead Iran to grant more freedom to the parties to arbitration in choosing the rules and procedure of arbitration and as a result less interference of domestic courts in its process. Modeling the UNCITRAL Model Arbitration Law in drafting and approving the new law will cause investors and Iranian foreign trade parties to be afraid of referring disputes to arbitration in Iranian authorities without fear or for fear of facing unexpected rulings from Iran's domestic courts. Do not be willing to accept it in their growing contracts with the Iranian parties in the coming years. On the other hand, despite all the benefits of transparency in investment judgments, especially for the public, it can also be detrimental to the parties to the dispute, especially the investor. Increasing costs and prolonging the review process are among the most important concerns of investors. In addition, transparency is in clear conflict with the commercial principles of arbitration, such as the agreement of arbitration and its important principles of privacy and confidentiality.

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 203-216

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