law on international commercial arbitration of iran in accordance with the uncitral arbitration model law
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Application of Lex Mercatoria as Applicable Law in International Commercial Arbitration
In settling disputes regarding international commercial arbitration the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognize such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many ...
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for decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. in fact arbitration i...
متن کاملreview of uncitral model law on international commercial conciliation
during last two decades, the necessity of enactment of law regarding conciliation and mediation has been acknowledged by many legislators worldwide if settlement of disputes through conciliation is to be encouraged and developed. in 1998, the need for a uniform model law in respect of conciliation was recognized by uncitral. as a result ,uncitral model law on international commercial conciliati...
متن کاملthe concept of public order in private international law and its place in international commercial arbitration
public order has a long history and a great role in private law andinternational commercial arbitration; as much as can be said: public order isone of the most important limitations of party autonomy (contractualfreedom) in private law and international commercial arbitration.however, legal experts disagree about the meaning of this term. some oflawyers and jurists have made great efforts to de...
متن کاملStatus of Rocks in the Law of the Sea with Relying on the South China Sea Arbitration Award
Abstract Islands and rocks are entitled different maritime zones in international law of the sea. Article 121(3) allocated to rocks has articulated briefly and without indicating any definitions or characters of this feature. Paragraph 3 provided two conditions for rocks in order to create exclusive economic zone and continental shelf zone. The South China Sea tribunal has interpreted this pa...
متن کاملthe obligation to disclose arbitrator in the law in international and domestic commercial arbitration
arbitrator or private judge must be independent and impartial. domestic and international commercial arbitration law in many countries in addition to the obligation, the independence and impartiality of arbitrator, has other obligations, namely the obligation to disclose. arbitrator must disclose any relationship with the parties to arbitration. commitment to disclosure should not be mixing wit...
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عنوان ژورنال:
مجله حقوقی بین المللیجلد ۱۶، شماره شماره ۲۳ (پاییز و زمستان)، صفحات ۴۳-۹۸
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