Investigating the effects of the jurisprudence rule and social considerations on how to enforce international trade arbitration rulings

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Najafabad Branch, Najafabad, Iran

2 Assistant Professor, Faculty of Law, Theology and Islamic Studies, Islamic Azad University, Najafabad Branch

Abstract

Arbitration is the most common way of resolving disputes in the field of international trade. One of the most important and fundamental issues in international commercial arbitration is how to apply and the effect of not applying the rules. Although it is obvious that applying the rules to a contract determined by the parties or the arbitrators is against the principle of independence of the parties, it is not always possible. Sometimes the case law of a country that has a special relationship with the dispute or the case law form of the arbitral tribunal must also be applied. Therefore, according to the above-mentioned explanation in the present study, we seek to show what are the principles of separation of the rules of jurisprudence and the principles of requiring the arbitrator to observe the rules of jurisprudence? In the present study, it has been written in a descriptive-analytical method to collect materials and data and achieve results by descriptive-library method and Internet search.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 2812-2831

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