Abstract
The emergence of dispute and cases in international trade agreements has leaded both sides to a point to pre-determine cases for fulfillment of failures in the case of problems. In fact, it is a win-win situation when parties resolve the case in a right, secure and specialized way; then, they can return to their former normal trade relations. Economic and commercial areas require that commercial disputes be resolved as soon as possible and in ways appropriate to the needs and economic benefits. In the meantime, “arbitration” is the best and safest measure to achieve this goal. However, the need for arbitration to resolve disputes should be fulfilled with the expansion of trade in the international arena. Hence, a uniform law, called UNCITRAL Arbitration Act, was developed to judge in international commercial arbitrations. Iran is one of the countries that have accepted the Act. By studying the international commercial arbitration rule, this article tries to explain the way of referring to arbitration. DOI: 10.5901/mjss.2016.v7n3p56
Highlights
Nowadays international commercial arbitration is a common and useful approach in resolving international trade disputes among the people that their business is associated with two or more countries.This method of dispute resolution is an alternative to domestic courts; for the sake of impartiality and efficacy, they have major and significant features that court proceedings in most countries do not possess
With regard to the necessity of institutional arbitration and technical management of arbitration as well as Referring to paragraph 8 of Article 6 of the Law on International Commercial Arbitration, Iran the possibility of institutional arbitration and practicing some relevant judgments to court have been recognized in Iran
It states that an arbitration clause that is mentioned as a part of a contract is regarded as an independent agreement in terms of law execution
Summary
Nowadays international commercial arbitration is a common and useful approach in resolving international trade disputes among the people that their business is associated with two or more countries. This method of dispute resolution is an alternative to domestic courts; for the sake of impartiality and efficacy, they have major and significant features that court proceedings in most countries do not possess. Public international organizations and international private organizations have been established to prod governments to adopt these laws to the domestic rules by uniform rules that emanate from the conventions joint business in the context of international trade (Ilkhani, 2007: 39)
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