Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the rules governing international commercial arbitration in Iranian jurisprudence and American law

Document Type : research

Authors
1 Ph.D. student of private law, Department of Humanities, Ares International Campus, University of Tehran, Tehran, Iran
2 Visiting Faculty Member, Department of Human Sciences, Ares International Campus, University of Tehran, Tehran, Iran
10.22034/ejs.2023.411393.1514
Abstract
Background and Aims: Arbitration is one of the important methods of resolving commercial disputes, especially in the international arena. The purpose of this article is to examine the rules governing international commercial arbitration in Iranian jurisprudence and American law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Finfings: In jurisprudence, according to the mandatory rule, it is possible to use international commercial litigation.The findings showed that the regulations and rules of international commercial arbitration regarding the rights and duties of arbitrators in the legal systems of Iran and the United States of America have various differences and similarities, but with a little reflection, it can be seen that the similarities are mainly in formal matters and the differences are in substantive matters.
Conclusion: The main basis of arbitration and especially the rights and duties of arbitrators in the United States of America is the agreement of the parties, which can be attributed to the common law system in this country, while in Iran, due to the existence of various codified laws, the basis of arbitration is the law, and this is in There is also the responsibility of referees.
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