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Can an arbitration counsel with hourly rate be a fan of amicable settlement?
Hypothesis 1: arbitration counsel with hourly rate, have little motivation to settle the disputed issues amicably, i.e., by negotiation or mediation. Hypothesis 2: arbitration counsel with hourly rate, have little motivation to conduct the arbitration proceeding as efficient and speedy as possible. In a 2015 arbitration case under the ICC [...]
Online Arbitration: How Iranian Courts React?
Online Arbitration: How Iranian Courts React?[1] Oveis Rezvanian, Kamyar S. Oladi Introduction Dispute resolution methods are now facing with some unprecedented times in the Covid-19 pandemic period. Since the trade cannot stop, Alternative Dispute Resolution (ADR) methods, including arbitration, are now being more and more conducted in online ways. Accordingly, more [...]
Statute of limitation under Iranian law
Statute of limitation under Iranian law[1] Oveis Rezvanian Under Iranian civil law, in principle, there exists no statute of limitation for bringing a claim to the court of law or arbitration. This procedure is in consistence with the directive of Iran Guardian Council of the Constitution, dated February 16, 1983, [...]
Commercial Disputes in the Context of Iran Arbitration Laws
Commercial Disputes in the Context of Iran Arbitration Laws[1] Oveis Rezvanian, Kamyar S. Oladi In the context of Iran arbitration laws, there are two positions that the term “commercial disputes” is employed: First, Article 2(1) Iran Law on International Commercial Arbitration (LICA); and Second, the Law on Adhesion of [...]
The Effect of Bankruptcy on Arbitrations Seated in Iran: Practical Insights from a Recent TRAC Case
The Effect of Bankruptcy on Arbitrations Seated in Iran: Practical Insights from a Recent TRAC Case[1] Oveis Rezvanian, Kamyar S. Oladi Introduction For the purpose of this article, there are some words and principles that shall be defined before raising the main issue. Article 412 of the Commercial Code of Iran [...]
Emergency Arbitration and Expedited Procedure under the Arbitration Rules of the Tehran Regional Arbitration Centre: Introduction of Unprecedented Procedures into the Iranian Legal System
Emergency Arbitration and Expedited Procedure under TRAC Rules: Introduction of Unprecedented Procedures into the Iranian Legal System[1] Dr. Oveis Rezvanian[2] Dr. Mohammad Hossein Tavana[3] I. Introduction Tehran Regional Arbitration Centre (‘TRAC’) is an independent international organization, established under the auspice of the Asian-African Legal Consultative Organization (‘AALCO’).[4] The agreement [...]