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Appointment of the arbitrator in absolute vacuum
In a recent talk on arbitration that I had in Iran Central Bar Association, one of the participants asked that how a sole arbitrator should be selected/appointed in ad-hoc international arbitration, if one of the parties is not cooperative. The question was smart and very challenging, because it gathered a [...]
Irresponsible Arbitrator: How to deal with?
What would you do with an undisciplined, disordered or irresponsible arbitrator? In 2015, I represented an Iranian Claimant in an ad-hoc arbitration against a Spanish Respondent. It was a sale contract for dried fruits and the arbitration agreement was as concise as possible: Any dispute arising out of or in [...]
Notice of Arbitration; Respondent not Available
In a recent international arbitration case under the Rules of Tehran Regional Arbitration Centre (TRAC), with Tehran as the seat, the Secretariat faced difficulty in notifying the notice of arbitration to Respondent in accordance with Iran law, who was for other criminal reasons imprisoned in Dubai. This was particularly a [...]
Jurisdiction of Tribunal to decide on nullity of contract
In a recent case under the Rules of Arbitration Centre of Iran Chamber (ACIC), which I sat as the president of the Tribunal, a question arose as to the jurisdiction of arbitral tribunal in Iran law in order to decide about the nullity of the contract. While the Claimant requested [...]
Annulment, setting asideand refusal of enforcement of arbitral awards in Iran
Annulment, setting aside and refusal of enforcement of arbitral awards in Iran Iranian courts are well educated that they can only set aside or annul a national award (that is arbitration with Iran as the seat) and therefore, no request for annulment or setting aside a foreign arbitral award would [...]
Enforcement of Arbitral Awards in Iran
Under Iran arbitration regime, there are three categories of arbitral awards: “National Awards”, “International Awards” and “Foreign Awards”, as will be explained below. Accordingly, enforcement of arbitral awards in Iran might have different procedural requirements. An arbitration award is considered as national, if both parties to the arbitration agreement, at [...]