Spotlight On: Arbitration Under Iranian Laws and Regulations
Iranian arbitration is a long-standing legal tradition. The legal frameworks for different fields of arbitration are equipped with streamlined processes for both domestic and international disputes. There’s a clear distinction between civil and commercial claims and are subject to two separate lines of law. Institutional arbitration in Iran is also a well-established procedure. Arbitration Center of Iran Chamber of Commerce is an outstanding institution of arbitration founded on the legislative act of Parliament.
Perspectives on the Arbitration under Iranian Laws and Regulations
Arbitration has a long history in Iran and is based on a traditional manner of adjudication known as “Hakamyat”. Iranian arbitration is formulated on well-established standards of arbitration worldwide. Like everywhere else, in Iran people choose to go to the arbitral tribunals because it’s fast, sometimes more reliable, and not spoiled with tough rules of judicial procedures. Parties to a given dispute are free to choose their own arbitrator(s), either as a clause in their contracts or in the form of a separate agreement. There are some anti-bias rules, but are quite flexible and the interested party could waive her right upon the rule. The only non-derogable rule in this context is when the court precludes someone from conducting an arbitration. The resulted prohibition then is not prone to the parties’ waiver.
Arbitrable Disputes under Iranian Laws and Regulations
First of all, insolvency disputes are off-limits. the very cause of marriage and divorce disputes are also out of arbitration loop. Inseparable civil issues in the criminal litigation are not arbitrable as well. If one of the parties cast doubt on the contract or the agreement of dispute resolution, the resulted dispute has to be brought before the court, and therefore, is not arbitrable.
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