A comparative study of separability of arbitration clause under main contract of LIca and the UNCITRAL model law
Journal Title: Ius Humani. Revista de Derecho - Year 2018, Vol 7, Issue 1
Abstract
The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law. The effectiveness of this type of procedure, its coordination with the specific objectives and the special status of international traders has led to their increasing willingness to use this legal solution. We use a comparative method, quasi-experimental, to describe similarities and differences in variables in two or more existing groups in a natural setting; it resembles an experiment as it uses manipulation but lacks random assignment of individual subjects. This study begins analyzing international arbitration and the UNCITRAL model rules (Chapters I to VI), then reviewing the national arbitration (Chapter V); thus, the effects of the principle of independence of the arbitration clause can be seen (Chapter VII) and, later, the problems that arise (Chapters VIII to X). Even so, the main conclusion is that the parties usually agree to resolve their international disputes through arbitration, which is judged privately and universally accepted.
Authors and Affiliations
Atefeh Darami Zadeh, Shapur Farhangpur
Keywords
Related Articles
- EP ID EP36104
- DOI https://doi.org/10.31207/ih.v7i0.183
- Views 406
- Downloads 0
NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW.
Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...
ADMINISTRATIVE LITIGATION PROCEDURE IN THE GENERAL PROCESS ORGANIC CODE
The main objective of this work is to observe the innovations posed by the COGEP in the administrative contentious process and to detect the deficiencies that remain of the previous legislation. For these purposes, th...
THE RIGHT TO PRIVATE PROPERTY AND ECONOMIC FREEDOM. SOME LEGAL, PHILOSOPHICAL AND ECONOMIC ELEMENTS FOR A GENERAL THEORY
This paper sets forth several legal, philosophical and economic elements for a general theory on the right to private property and economic freedom, which might explain why it is a fundamental right. Firstly, this Articl...
RELIGIOUS PERSECUTION ON XXI CENTURY
All kind of persecutions are deplorable acts, especially those targeting religious groups, because it limits the freedom of the human being in his relationship with God. Unfortunately, the universal history shows us that...
PERSON: THE REASON OF LAW
All law is intended to achieve the common good. Within this institutional framework, justice is the supreme value that seeks to ensure the competent authority. When is it possible to say that it is acting according to ju...