Status of domestic and international commercial arbitral jurisdiction in Iran which is Originated from English Law

Year 2015, Volume: 36 Issue: 3, 1356 - 1362, 13.05.2015

Galvizh Almasi , Sirvan Ahmadzadeh

Abstract

Abstract. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute resolution in international commercial transactions. However, Consistent with the dominance of the national authority on private equity, the entity is located at the foot of the rights of nature into the public law; although, private perspective is dominance.

Keywords

Referee, English Law, Rule of jurisdiction, Independent arbitration clause, Civil Procedure

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