The importance of separating national and international arbitration in Iranian and UNCITRAL law

doi:10.7176/jlpg/110-14

Abstract

International arbitration is a solution to resolve disputes between persons due to the existence of a communication element International is distinguished from national arbitration rules.International title on international arbitration may make this impression that International arbitration is a nascent institution, while a review of past literature reveals that It has been an institution of the past. Therefore, national arbitration is different from international arbitration. What factors This article examines the factors that lead to the internationalization of arbitration.Normally, in any case, the slightest communication factor may cause conflict of laws, This highlights the need for international commercial arbitration .For this reason, the UNCITRAL Model Arbitration Law has introduced a large number of communication factors that are subject to international arbitration for countries.However, in Iranian law, the distinction between national arbitration and international arbitration, contrary to the UNCITRAL Model Law, is achieved simply by the International Commercial Arbitration Law of Iran and simply by having different nationalities of the parties.In other words, the legislator has introduced citizenship as the only communication factor that causes the inclusion of Iran's international commercial arbitration law.This causes most arbitrations to be subject to national arbitration so that the parties have limited freedom and cannot use the rules of international commercial arbitration even by mutual agreement.In this article, the factors that are based on the model law The internationalization of arbitration has been examined and their non-inclusion in commercial arbitration regulations Will be examined internationally and then interact with the Convention on the Recognition and Enforcement of Arbitral Awards New York 1985 will be analyzed. Keywords : International Arbitration, National Arbitration, foreign Arbitration, Communication Elements. DOI: 10.7176/JLPG/110-14 Publication date: June 30 th 2021

Highlights

The angles of international arbitration and its dimensions are still unknown due to lack of careful study
1- History of International Arbitration and International Arbitration Agreement: It is always thought that any legal title with an international suffix is a new topic related to new civilizations, while this is not true by examining ancient texts.Judgment has been in all ages.This distinction is made by examining the background of international arbitration as well as the origin of international arbitration, which is the arbitration agreement
International arbitration is not specific to the present era, but has been one of the oldest methods of resolving international disputes in the past.For example, in ancient Greece and in ancient Rome, China and ancient Iran, among the Phoenicians, one can clearly see signs of international arbitration.In China, from 1600 to 2100 BC, which was influenced by the school of Confucius, and in ancient Rome, international arbitration was used to resolve disputes between governments and quasi-governmental institutions, as well as city governments[1]

Summary

Introduction

The angles of international arbitration and its dimensions are still unknown due to lack of careful study. 1- History of International Arbitration and International Arbitration Agreement: It is always thought that any legal title with an international suffix is a new topic related to new civilizations, while this is not true by examining ancient texts.Judgment has been in all ages.This distinction is made by examining the background of international arbitration as well as the origin of international arbitration, which is the arbitration agreement

1-1- Background of International Arbitration

The nationality of the parties to the dispute

Explicit agreement of the parties

Conclusion