Ali Moghaddam Abrishami; Masoud Mahboub
Abstract
Abstract The role of courts in international arbitration can scarcely be denied. Courts play a crucial role in different stages in international arbitration. Having said that, the extent of courts' intervention in international arbitration has been subject to controversy. National arbitration laws have ...
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Abstract The role of courts in international arbitration can scarcely be denied. Courts play a crucial role in different stages in international arbitration. Having said that, the extent of courts' intervention in international arbitration has been subject to controversy. National arbitration laws have taken different views in this regard. In some countries, courts have a supportive role; however, others have interventionist approach. In Iran, a Comprehensive Draft Bill on Arbitration was recently adopted in order to be presented to the parliament for ratification. It applies to both domestic and international arbitration as a result of making a distinction between international and national arbitration. This article aims to conduct a critical assessment on the Draft Bill by considering modern arbitration rules. It concludes that the Draft Bill is based more on an interventionist approach than the supportive one. Keywords: International arbitration, Arbitration law, Iranian arbitration law, Role of court, Arbitration Draft Bill Keywords: International arbitration, Arbitration law, Iranian arbitration law, Role of court, Arbitration Draft Bill Keywords: International arbitration, Arbitration law, Iranian arbitration law, Role of court, Arbitration Draft Bill Keywords: International arbitration, Arbitration law, Iranian arbitration law, Role of court, Arbitration Draft Bill
Ali Moghaddam Abrishami; Masood Mahboob
Abstract
Model Law on International Commercial Arbitration has been a source ofinspiration for numerous countries. In choosing a legal structure, there isa strong tendency towards adopting a monist legal regime based on theModel Law. In Iran, as a result of the ratification of Iranian InternationalCommercial ...
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Model Law on International Commercial Arbitration has been a source ofinspiration for numerous countries. In choosing a legal structure, there isa strong tendency towards adopting a monist legal regime based on theModel Law. In Iran, as a result of the ratification of Iranian InternationalCommercial Arbitration Act (ICAA) in 1997, Iranian arbitration law haschanged its structure from monism to dualism, that is, the Civil ProcedureCode is applicable to domestic arbitration, whereas ICAA applies tointernational arbitration. The duality of the system is not an appropriatelegal structure. This article argues that Iranian arbitration law should bebased on monism. It concludes that not only should Iranian arbitrationlaw be in consistent with the Model Law 2006, but it should also extendbeyond the Model Law by providing a more comprehensive legislation.
