Majid Sarbaziyan; reza hashemi; mazkoor salehi
Abstract
The national courts’ intervention in the arbitration process is inevitable if the trial is expected to be significantly efficient. The national courts should solely intervene in arbitration process if they are legally permitted to do so. The importance of anti-suit injunction is observed in international ...
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The national courts’ intervention in the arbitration process is inevitable if the trial is expected to be significantly efficient. The national courts should solely intervene in arbitration process if they are legally permitted to do so. The importance of anti-suit injunction is observed in international commercial arbitration, since it serves a dual function, that is, it is sometimes issued to support arbitration and sometimes to prevent arbitration. Therefore, it is necessary to address this question: “What are the positions of national legal systems and international rules/regulation regarding the anti-suit injunction?” National courts in the common law system tend to issue such injunctions based on arbitration agreements. By contrast, such injunctions are treated by the codified statutes as unjustified intervention in the judicial system. In international set of rules, such as UNCITRAL Model Law on International Commercial Arbitration, New York Convention and Brussel I Regulations on EU Law all have not granted permission to national courts to issue anti-suit injunctions. As far as Iranian law is concerned, there is no statutory provision on the permissibility of issuing the aforementioned injunction in the civil procedure and in international commercial arbitration
Majid Sarbazian; Seyyed Raza Hashemi
Abstract
Bank guarantees are one of the most effective international instruments used incommercial contracts. Without bank guarantees, it would not be possible to fulfilobligations of the parties or the parties would encounter potential risks. Bankguarantees provide the beneficiary with a certain and immediate ...
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Bank guarantees are one of the most effective international instruments used incommercial contracts. Without bank guarantees, it would not be possible to fulfilobligations of the parties or the parties would encounter potential risks. Bankguarantees provide the beneficiary with a certain and immediate payment of awealthy sponsor in his country. The only exception to the principle of independenceis the issue of fraud, which has universally been recognised. This exception couldprevent claim and payment to beneficiaries. The question addressed in this articleis: What are the international rules on the issue of fraud in bank guarantees and whatmeasures have been taken by the UN Convention on Independent Guarantees andCredit Guarantees ? International Chamber of Commerce has been silent on thisissue or at least has not dealt with it expressly . However, the aforementionedConvention is the only document that contains provisions regarding fraud, eventhough it does not provide an exhaustive list and exact details. It neverthelessprovides a useful guidance for courts.
Mostafa Bakhtiarvand; Majid Sarbazian
Abstract
Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal ...
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Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal are now assessed in accordance with rational criteria and as a part of the contracts.The illegality of these provisions may lead to the illegality of the contract. In Europe, only exclusive grant-backs are subject to an individual assessment, and not as a part of more global contract.Other conditions of the contract areexempt from general prohibition considered in Article 101 of European Treaty. In Iranian law, these provisionsare new issues which can be justified by the concept of reasonableness and the general rules of contracts. This condition does not specifically mention in General Policies of Implementation of Article 44 of the Constitution. It is forbidden if it is regarded as an unfair term oras an abusive of dominant economic conditions.
