Iran Arbitration: How It Works?
Iran arbitration laws are governed by a dual system; domestic arbitration and international arbitration. When all parties, at the time of concluding the arbitration agreement, are considered to be Iranian, the arbitration is considered as domestic and contrastingly, when at least one of the parties is not an Iranian national, the arbitration will be international. These two systems are governed by two different models. Section 7 of the CPC is the law which regulates domestic arbitration. On the other hand, LICA, which is essentially based on UNCITRAL’s Model Law, governs international arbitration.
The distinction between international and domestic arbitration affects some important aspects of arbitration in Iran. By way of example, since LICA is inspired by UNCITRAL Model Law, many internationally accepted principles, such as the separability of the arbitration agreement, competence-competence and an arbitral tribunal’s authority to issue interim measures is recognised under international arbitration. On the other hand, in domestic arbitration, such examples are seriously disputed.
The governance of two different models in international and domestic arbitration also affects the enforcement procedure, setting aside, and annulment of the arbitral awards. When it comes to the matter of enforcement of awards, one should differentiate foreign awards from national awards. Foreign awards are enforceable under the New York Convention, since Iran is a member state. On the other hand, national awards (the awards which were issued in the arbitrations seated in Iran), are either enforceable under the CPC or LICA (depending on the domestic or international nature of said award).
Can an arbitration counsel with hourly rate be a fan of amicable settlement?
wondering if an arbitration counsel with hourly rate can be a fan of amicable settlement? Let Rezvanian International solve this for you! Here we've got 2 main hypothesis: Hypothesis 1: arbitration counsel with hourly rate, have little motivation to settle the disputed issues amicably, i.e., by negotiation or mediation. [...]
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 [...]
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 Expedited Procedure Tehran Regional Arbitration Center : Introduction of Unprecedented Procedures into the Iranian Legal System
Emergency Arbitration Expedited Procedure Tehran Regional Arbitration Center : Introduction of Unprecedented Procedures into the Iranian Legal System[1] Dr. Oveis Rezvanian[2] Dr. Mohammad Hossein Tavana[3] I. Introduction Tehran Regional Arbitration Center (‘TRAC’) is an independent international organization, established under the auspice of the Asian-African Legal Consultative Organization (‘AALCO’).[4] The agreement [...]
