داوری تجاری بین المللی

List of Articles داوری تجاری بین المللی

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1 - The Ethical Challenges of Implementing Arbitration in Iranian Legal System
Ali Rasoolzadeh Farsad Hamidreza Oloumi

The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving di More

The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute.This contractual system of arbitrary has privileges that make it superior to other methods of resolving disputes. The most important principle in arbitration is the finality of Arbitral awards and its most important point is the enforce-ability of the arbitral awards, that supported by national and international rules of arbitration. Since the philosophical basis of arbitration are based on an agreement between the parties, this means accepting the referral of disputes to arbitration involves the parties' obligation in Optional execution.Nonetheless, if the losing party refuses to execute the arbitral awards, it is foreseen that it may be enforced in the relevant laws and regulations. In this article, with reference to the legal prin-ciples of the principle of the entry into enforce of the arbitral Awards, as well as the legal docu-ments, discuss enforce of internal arbitral awards, then outline the implementation of foreign arbitral awards within the jurisdiction of the New York Convention and outside its jurisdiction, and finally, how to implement foreign arbitral awards in accordance with specific circumstances. Manuscript profile
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2 - An Analysis of the Ethical and Legal Nature of International Rules in International Commercial Arbitration
amin rostami Masoud zamani manochehr tavasoli naeini
20.1001.1.23833279.1399.10.40.8.2

International law books on arbitration have discussed, and in a brief and transient way, the nature and nature of the rules of international trade arbitration, and most of the books and articles on this subject have been published abroad. Since arbitration is one of the More

International law books on arbitration have discussed, and in a brief and transient way, the nature and nature of the rules of international trade arbitration, and most of the books and articles on this subject have been published abroad. Since arbitration is one of the most important and common ways of resolving disputes in international business litigation, this research can help to identify its substantive dimensions and thus be effective in responding to existing uncertainties. And in this research, the nature of the rules of ethics in international commercial arbitration has been examined ethically and legally. And the researcher concludes that although the rules of international commercial arbitration imply a modality of ethics, but because ethics is a matter of credit and ultimately abstraction, the rules of international law in international business arbitration cannot be ethically In the conventional sense, it is examined and made clear because the relation between ethics and interest in international relations is of the contradiction. And these rules should be seen as a purely legal tool, derived from the rules of public order whose ethics are one of the constituent elements of its legal approach Manuscript profile
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3 - Examining the ethical principles of international commercial arbitrators
Samira Mohammadi Nejad Ali Gharibeh Hasan Pashazadeh
20.1001.1.23833279.1401.12.48.7.1

Nowadays, observance of ethical principles by arbitrators has become an important issue in arbitration issues. Although in the past, arbitrators 'behaviors were considered by internal and social standards. Today, special ethical guidelines have been developed that are n More

Nowadays, observance of ethical principles by arbitrators has become an important issue in arbitration issues. Although in the past, arbitrators 'behaviors were considered by internal and social standards. Today, special ethical guidelines have been developed that are new standards for evaluating arbitrator’s behavior. The parties and the arbitrators must be aware of the potential ethical rules applicable to the arbitration process. Although the ethical guidelines provided by the International Bar Association, are not mandatory and are not universally recognized, but failure to pay attention to them can have consequences for the judgments rendered by the arbitrators. In this article, we will examine the ethical principles of arbitrators according to the existing ethical codes in this field. The research method will be descriptive-analytical and information will be collected in a library by referring to law books and taking notes from them, including domestic and international regulations and awards will be issued as much as possible. Domestic and foreign due to the international aspect of the research will be inevitable. Having an effective system to control respect for arbitration ethics and correct many of the irregularities in arbitration practices is essential. The most important ethical principles that must be observed by the arbitrators is the principle of transparency, confidentiality and observance of the arbitration agreement. Of course, due to the dispersion of rules and non-enforcement of existing guidelines and before an effective and enforceable system, agreement between the parties on a code of ethics in the arbitration agreement or procedural guidelines after the dispute has begun, can be effective. Manuscript profile

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List of Articles داوری تجاری بین المللی