Arbitrability in Iranian Law with an Emphasis on Oil IPC Contracts

Document Type : Original Article

Authors

1 Law and Political Science Faculty, University of shahid madani

2 shiraz university

10.22091/ijicl.2024.8989.1052

Abstract

Arbitration of disputes in Iran's law is accepted; however, two kinds of restrictions on Arbitrability have seen: restrictions on public order and restrictions in the Constitution of the Islamic Republic of Iran on claims referred to Arbitration. Accordingly, in the present article, we consider the definition of Arbitrability in international law and Iran law. In Addition to considering a restriction on the party's capability to refer their dispute to Arbitration. In the end, It is clear that Iran's government argued for extending the Article 139 of the constitution to the contract that was signed before the revolution was rejected by an international arbitrator. In Addition, when the contract sign by the government, the claim of failure to comply with the conditions of principle 139 is not accepted by the arbitration tribunal. Even though other restrictions based on acceptable public order issues can restrict Arbitrability If the arbitration clause signs after the law's enactment.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 17 February 2024

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History

  • Receive Date: 09 January 2023
  • Revise Date: 24 September 2023
  • Accept Date: 17 February 2024

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