The law applicable to Iran's international commercial arbitration and comparative comparison with China's international commercial arbitration law

Subject Areas : International Legal Research

Mahnaz Momeni ¹ , atefe amininia ² , behzad Saedi ³

1 - هیات علمی
2 - استادیار گروه حقوق، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران.
3 - استادیار، گروه حقوق، واحد تهران شمال دانشگاه آزاد اسلامی، تهران، ایران

Received: 2022-04-24 Accepted : 2022-09-06 Published : 2021-12-22

Keywords: Iran, Governing Law, International Trade Arb itration,

Abstract :

AbstractThe most difficult part of determining the applicable law is the question of the substantive law applicable to international arbitrations. Undoubtedly, arbitration in our time is one of the effective tools to achieve the two main goals of commercial law, namely speed and security. So that today this method has been developed to meet the mentioned goals and meet business needs and has benefited from new and uniform principles and rules in order to facilitate and grow trade and economic relations as much as possible. The divergence of opinions and theories in this regard is very obvious. However, it is theoretically accepted that the arbitrator should first pay attention to the will of the parties to the contract and then, if the parties have not determined their law, in the light of the principles and legal rules of the appropriate law. Therefore, the substantive law governing the contract of origin of the dispute is determined either by the parties or by the arbitral tribunal.The Islamic Republic of Iran, which seeks economic development and increase its trade relations, has tried to lag behind these developments by drafting the International Commercial Arbitration Law and amending the Arbitration Rules of the Civil Procedure Code, as well as the establishment of arbitration organizations and institutions. نماند. The People's Republic of China, as a country that has taken great strides in economic development in recent years, has followed the same procedure in order to resolve its trade disputes.