A Comparative Study of Arbitration contract: Consensual or special

Document Type : Research Paper

Authors

1 M.A. Student in Private Law, University of Judicial Sciences & Administrative Services, Tehran, Iran

2 Professor of the Private Law Group of the Law and Political Sciences Faculty, University of Tehran, Tehran, Iran

Abstract

In the civil procedures act 1379 the act reference of Arbitration is stipulated in agreement and arbitration clause due to no exact order of Arbitration contract class. However, the civil law relies on the basis of Consensual contracts. In contrast, the international commercial law relies on the Arbitration contract as written form. According to the international commercial law, the Arbitration contract is administered under this act and must be in writing form. In current legal conditions of Iran, the national Arbitration contract is known as consensual but the benefits of the formalism is the compatibility of the international commercial law with goals of judgment and the amendment of the civil procedures law seems necessary because, if necessary, the courts dedicates to investigate the existence or non-existence of the unwritten contract that is concordant to the parties and the law system that firstly neglected the Arbitration contract and the major

Keywords

Comparative Law Review
Volume 4, Issue 1 - Serial Number 1
September 2013
Pages 99-115

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