The Impact of Judicial Rules and Social Considerations on the Enforcement of International Commercial Arbitration Rulings.

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

2 Department of Law, Najafabad Branch ,Islamic Azad University, Najafabad ,Iran.

3 Department of Law, Najafabad Branch ,Islamic Azad University, Najafabad ,Iran

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 of 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. Arbitrators must therefore strike a balance between the application of the rules of procedure and the principle of the independence of the parties, and take them into account when they are related to the dispute. Therefore, according to the above-mentioned explanation and 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? Finally, what is the interaction between international commercial arbitration and the jurisprudential rules of international law and domestic legal systems? And what is the effect of mandatory rules on the issuance and enforcement of international commercial arbitration awards? In the present study, descriptive-library method and finally analytical method have been used to collect materials and data and achieve the result.

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