amid Abhari; Hamid Miri
Volume 1, Issue 1 , February 2013, , Pages 1-38
Abstract
Internet Service Providers (ISPs) provide for their users a possible toaccess to internet and facilities on it. On the whole, we can talk aboutboth on the tort liability of ISPs for acts connecting with them andliability for user’s activities. The later is the most important andarguable subject ...
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Internet Service Providers (ISPs) provide for their users a possible toaccess to internet and facilities on it. On the whole, we can talk aboutboth on the tort liability of ISPs for acts connecting with them andliability for user’s activities. The later is the most important andarguable subject about ISP liability. Contractual liability is alsoanother form of liability for ISPs. The liability in the first type is basedon fault. Thus, it must be cleared the creating elements of liability asincluding the fault element in order to establish that liability. In thesecond type of ISP tort liability the fault liability system is currentlyused and the reasons for those who say as opposite to it are notacceptable. Notwithstanding, ISPs are currently impunity of liabilityin U.S. and European Systems in which this impunity are applied asrule
Mahmood Bagheri; Somayyeh Sadat Miri Lavasani
Volume 1, Issue 2 , February 2013, , Pages 1-28
Abstract
Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international ...
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Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international organizations in their distribution. This idea was first introduced in Economy, but due to its influence onprovision of peoples’ needs in different life domains, it can be considered as a thorough theory covering a wide range of issues especially in distribution of resources among individuals and countries. The present article aims at exploring the distributive attitude in public goods theory and its place among other notable theories regarding distributive justice. Further, while presenting examples of global public goods and describing the situation of their provision in the world, the author tries to propose suggestions for refinement of the global provision of these goods notably global financial resources which is necessary for provision of other public goods.
MOHAMMAHHASAN SADEGHMOGHADDAM; HADI SHABANIKANDSARI; MAHDI SOKHANVAR
Volume 2, Issue 6 , February 2015, , Pages 7-31
Abstract
This article examines the ambiguous testament in Shi'ite jurisprudence and Iran law. The purpose of this article is to present a criterion for determining the ambiguous testamentary property and heirs’ authority range in determining its amount. The questions dealt with are whether the remarked ...
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This article examines the ambiguous testament in Shi'ite jurisprudence and Iran law. The purpose of this article is to present a criterion for determining the ambiguous testamentary property and heirs’ authority range in determining its amount. The questions dealt with are whether the remarked narratives (Revayat) on determining the amount of the testamentary property are applicable in Iran law or not, and whether accepting another rule in Iran law is against the jurisprudence. Moreover, the question is: Is the determination of the testamentary property a condition for the validity of that? The conclusion is that the narratives on determining the ambiguous testament are exclusive of Arab societies and languages. Hence, it is not possible to treat it as a criterion in Iran law. It is rather necessary to consider all of them under a unitary rule and entitles the heirs to determine it based on a general rule. Having said that, the heirs are not completely free in this respect, that is to say, they should determine it in accordance with the ‘will’ and volition of testator as well as with the standard of reasonableness. Therefore, in the possessive testament, the determination of the testamentary property is also a condition which is met by entitling the heirs to specify it. In addition, if heirs do not determine the testamentary or if it is not feasible to refer to them, judge will determine the amount of testamentary.
Mehrab Darabpour
Volume 2, Issue 4 , December 2013, , Pages 9-38
Abstract
)AbastractCIF is unknown in Iranian law, although it is widely used in internationaltrade of this country, which has made studying it inevitable. Knowing rightsand obligations of parties, transfer of risk and titleand compensatingdamages in conclusion of contracts will help traders. Using contractualfreedom, ...
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)AbastractCIF is unknown in Iranian law, although it is widely used in internationaltrade of this country, which has made studying it inevitable. Knowing rightsand obligations of parties, transfer of risk and titleand compensatingdamages in conclusion of contracts will help traders. Using contractualfreedom, sometimesparties try to deviate from standard terms to gain morebenefit or avoid more loss. This may result in including term contrary to CIFstandards and unknowingly create difficulties in rights and obligations ofparties and how to compensate it.This article studies CIF in British law and2010 incoterms with a short review of Iranian law to: 1) clarify nature of CIF2) clarifying rights and obligations of parties 3) indicate effect of termscontrary to CIF.Keywords: CIF, C&F, risk transfer, bill of lading, Insurance, British law,
saeed habiba; Behnam Habibi
Volume 2, Issue 5 , February 2014, , Pages 9-30
Abstract
AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either ...
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AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either performances or nonperformances)or literary works or in the form of indigenous knowledge (includingmedical, agricultural and environmental science) and natural and ecologic sources.These factors have always been the instrument of recognizing the communities andalso have been the cultural, biological and historical identity of such societies. Inthis essay, along with the clarifying the concept and historical background offolklore expressions, three traits of folklore, including the oldness, belonging to acertain territory and collectivity, will be studied. However, in association with theidentity of folklore, three theories are propounded, including ''sui generis'', ''exploitation right'' and ''property right'', in which collective property right isaccepted and finally the abstractness of relationship between creators and owneragainst aspects of folklore is regarded as acceptable.
Maysam Akbari Dehno; Morteza Shahbaziniya
Volume 2, Issue 7 , March 2015, , Pages 9-37
Abstract
Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides ...
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Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides parties with an initiative in this area of law. This article discusses the end of civil procedure by focusing on this approach. Parties can end the civil procedure by proposing an alternative means of dispute resolution, by terminating the agreement on civil proceedings or by complying with the court’s judgment. There has been less literature and debate on the second and third methods of ending the civil procedure. In the second method, parties agree to withdraw their civil dispute(s). In the third method, parties end the civil procedure either expressly by waiving the right of appealing the judgment or impliedly by agreeing to abide by expert opinion.
Farhad Edrisi; Hamid Reza Heydari
Volume 3, Issue 8 , April 2015, , Pages 9-42
Abstract
Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent ...
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Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent to or refusal of a blunt transaction. In other words, the questions are: Is this right subject to inheritance after the right owner dies? If yes, how should heirs act? Iranian Civil Code and other legislation have not dealt with this issue adequately. Article 253 of the Code only states that this consent or refusal can be inherited in unauthorised transactions. In relation to this consent or refusal in blunt transactions, Islamic jurists treat it as a warrant, whereas there is a controversy among lawyers. Some lawyers consider it to be a right; however, others perceive it as a warrant. The prevailing view is the latter. Another question posed here is whether the inheritance of the consent or refusal depends on the subject-matter of the contract or it is an independent issue. In answering this question, it should be said that the inheritance of the consent or refusal is followed by inheritance of the subject-matter of contract (property). In other words, it can be interpreted that the property of the deceased is inherited to each heirs who inherits based on their own ownership. This article considers how this right is inherited, and examines relevant provisions and circumstances.
Meysam akbari dehno; morteza shshbazinia; Mohammad Bagher Parsapour
Volume 3, Issue 9 , December 2015, , Pages 9-32
Abstract
In order to ensure a timely performance of contractual obligation, the use of guarantee is regarded as one of the most appropriate ways of dealing with a breach of promise. Compared to the Convention on the International Sale of goods, it is difficult to find a legal basis for a possible breach in national ...
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In order to ensure a timely performance of contractual obligation, the use of guarantee is regarded as one of the most appropriate ways of dealing with a breach of promise. Compared to the Convention on the International Sale of goods, it is difficult to find a legal basis for a possible breach in national law. Nevertheless, in a substantial number of cases in Iranian law, by considering the theory of possible breach, guarantee has been used to address the possible breach of promise by promisor. Until this legal gap is filled, it would appear that it is appropriate to use the principle of demand guarantee for the purpose of securing the performance of contractual obligations in domestic law.
Ebrahim Taghizadeh; Afshin Ahmadi
Volume 3, Issue 10 , March 2015, , Pages 9-42
Abstract
In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” ...
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In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” of ElectronicCommerce Act of I.R.Iran is concerned, unfair terms, which are harmful toconsumers, are not effective. Nevertheless, due to the specific and protectivebasis of E-consumers, this provision does not apply to other cases, andtherefore, it is not possible to refer to fairness under any rubric due to the lackof enforceability. In addition, although the principle of freedom of contract, thetheory of the ‘will’ parties and the necessity of contract indicate the validity ofthese terms, judges, in litigation, could deal with dispute resolution based onfairness. The Unfair Terms in Consumer Contracts Directive 93/13/EEC isEuropean Union Directive (then called European Economic CommunityDirective) which governs the use of surprising or onerous terms used in order todeal with consumers
Gholamreza Hajinouri
Volume 3, Issue 11 , June 2015, , Pages 9-35
Abstract
The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will ...
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The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will judges make a judgmentfor liability or lack of liability of physicians? Iranian lawyers have notaddressed these questions clearly and adequately. The general requirement of"Failure to comply with reasonable skill and care standards" had beenmentioned by foreign lawyers and academics in leading legal systems for thepurpose of recognizing physicians' fault . Having said that, due to extensivecriticisms, particularly by German lawyers, this criterion has challenged theselegal systems. As a result, the "objective fault" criterion is gradually changingto "a relative fault" criterion. It means that in recognizing the fault, thereasonable physician’s behavior is not the only criterion and other similarphysicians are also the pattern for recognition of his fault.
Shaban Haghparast; Samad Yousefzadeh
Abstract
The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these ...
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The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these three aspects raise thisquestion: Is it principally necessary to have permission of the girl's gardener,before or after the marriage, in order for formal marriage to be treated as trueor false? If the answer is negative, what is the meaning of the first part of thisArticle adopted in 1991? Does the marriage of virgin girl that reached thepuberty age require her gardener or her father grandfather’s permission? Tothis end, the necessity of not having the virgin girl’s gardener permission, nomatter before or after marriage, existed in the nature of marriage. The virgingirl gardener’s permission is legally for registering the marriage. Thegardener’s right to end her daughter’s marriage by terminating the marriage ordivorce through her daughter’s request is an approach which is to beconsidered in this article by analysing it as the legislator's view.
Khierollah Hormozy
Abstract
Articles 5 and 7-11 of the Civil Procedure Code have been influenced by Islamic jurisprudence. Articles 7-11 did not exist in the previous version of the Civil Procedure Code. In Islamic jurisprudence, these and other issues are regarded as conditions for hearing the dispute. Iranian legislator has, ...
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Articles 5 and 7-11 of the Civil Procedure Code have been influenced by Islamic jurisprudence. Articles 7-11 did not exist in the previous version of the Civil Procedure Code. In Islamic jurisprudence, these and other issues are regarded as conditions for hearing the dispute. Iranian legislator has, however, treated theses issues as objections and obstacles to hearing the dispute. In the event of lacking these conditions, the dispute cannot be heard and the court must issue an order for not hearing the case. This is contrasted with a declined order. The aim of this article is to examine the conditions for a dispute to be heard in Islamic jurisprudence and compare Iranian Civil Procedure Code with French law.
Kheyrollah Hormozi
Volume 1, Issue 3 , March 2013, , Pages 9-33
Abstract
None-interchangeability of lawsuit elements is known to have beenaccepted as a principle in Iran’s procedural law. However, in practice theprinciple seems unattended in legal terminology and discussions pertainingto procedural law, hence leaving it not satisfactorily entertained. This articleis ...
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None-interchangeability of lawsuit elements is known to have beenaccepted as a principle in Iran’s procedural law. However, in practice theprinciple seems unattended in legal terminology and discussions pertainingto procedural law, hence leaving it not satisfactorily entertained. This articleis aimed at defining the elements of lawsuits and their interchangeabilityover the course of a proceeding, subject to late part of Article 98 of Iran’sProcedural Law; a subject hardly invoked in domestic legal doctrine. BesidesArticle 98, by making reference to various Articles of Iran’s procedural law,this essay shall strive to define Lawsuits Elements and their Interchangeability approach.
Ardavan Arzhang
Khalil Ahamdi
Abstract
Abstract Third –party oppositionIn Dispute among different persons having common interest, issuances of judgement to the loss of one of the plaintiff’s doesnot lose the rights of other plaintiffs. For this reason, objection by third party is not needed. In Dispute among defendants having ...
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Abstract Third –party oppositionIn Dispute among different persons having common interest, issuances of judgement to the loss of one of the plaintiff’s doesnot lose the rights of other plaintiffs. For this reason, objection by third party is not needed. In Dispute among defendants having common interest, if the judgment issued against one of the defendants and from the result of that judgment is used to the loss of other defendant, loss of created to the their rights and to delete induced loss, it should be protest to the that judgment. Because issuance of orders doednot loss to the third parties, orders arenot protestable by third party. In case of accepting third allegation, desition of court is to the form of judgment. Since court cannot contraditts main claim in case of order, there isnot possibility of formal objection to the main claim by third protester.This paper is relating to third party's objection.
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.
Habibollah Rahimi; Mahdis Khayati Gargari
Abstract
Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ...
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Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ,regarding to Acts and judicial precedent in police civil liability, about this subject (contributory negligence). In this regard, Iranian legal system in encountering police with guilty or accused people, requires Innocence of injured people as one of elements of police civil liability.
Additionally the approach of police and injured in creation of loss, has various Assumptions that contribute both of them in creation of loss, is the most complex among them. judicial precedent ,also, don’t follow the one opinion and consider different issues like legal standards, wasted blood person etc; in terms of approach and negligence of injured and police.
Badini Hasan; Najafi Hamed
Abstract
According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, ...
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According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, based on fault, is created if there is adirect infringement of the act or omission.There is no such entity in Iranian patentlaw, but by referring to some other laws, it could result in a sentence against theindirect infringer. However, if there is interest, the adoption of a specific rule issuggested in this field. Since Iran is a developing country, the authors of this paperbelieve that such an interest is not considered. The main questions posed in this articleare: What are the requirements of the indirect infringement and what is the positionof Iranian law in this respect? By conducting a comparative study under legal systemsof generally developed countries and by placing a particular emphasis on the US Lawand related case laws as the origin of this institution, this article discussesrequirements of the indirect infringement and accordingly presents the position ofIranian law and appropriate proposals.
Abstract
Existing a foreign interest in a case of bankruptcy – such as different nationalities of debtors and creditors or existing goods in the other country or having an agency in the second country - provides a doubt on what is the applicable law? This doubt can be separated to tow branches: what is ...
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Existing a foreign interest in a case of bankruptcy – such as different nationalities of debtors and creditors or existing goods in the other country or having an agency in the second country - provides a doubt on what is the applicable law? This doubt can be separated to tow branches: what is the applicable procedure law and what is thesubstantive applicable law and what is bankruptcy and insolvency? This research is concerned about the second branch. But in Iranian Codes and jurisdictions there is not any conflict regulars with regard to this situation. In some treaties and foreign doctrines have been provided some usable results. For this legal shortage, we need to provide a doctrine which is in harmony with the other Iranian conflict regulars to be accepted by our legal system.
Abstract
Marrying Foreigners is one of the very important issues of private international law in each country. In this case, the main question is performing the principle of unity of nationality or multiple nationalities of couples? With regard to United Kingdom of Great Britain and Northern Ireland nationality ...
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Marrying Foreigners is one of the very important issues of private international law in each country. In this case, the main question is performing the principle of unity of nationality or multiple nationalities of couples? With regard to United Kingdom of Great Britain and Northern Ireland nationality laws, it seems Iran is one of the countries which are still performing Principle of Unity of nationality of couples, while the other countries like the U.K are performing Principle of Independent of nationality of couples. However, it seems that Principle of Unity of nationality is not sufficient of circumstances existing today in Iran. In compare with legally developed countries, Iran needs to have a more precise review on the law of its nationality laws. In this research along investigation about the approach of Iran, and United Kingdom of Great Britain international conventions to unity of nationality, mentioned to practical problems of this principle for Iranian citizens.
mohammad bafahm; Azizollah Fahimi
Abstract
Article 11 of civil liability code has recognized the civil liability of the state , but this article does not explain clearly the realization of usurpation liability . The present study seeks to answer this question that if the state have had illegal domination on others property whether it can realize ...
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Article 11 of civil liability code has recognized the civil liability of the state , but this article does not explain clearly the realization of usurpation liability . The present study seeks to answer this question that if the state have had illegal domination on others property whether it can realize the usurpation liability ? Some have hesitated about the possibility of usurpation liability to the state and they regarded the analogy of the state possessions with real persons possessions as an irrelevant analogy . In this writing after explaining and examining the basis of the view , in addition , analysis of court judgments we will conclude that there is the possibility of realization of usurpation liability to Illegitimate possessions of the state . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Eisa Amini; Abbas Mansoori
Abstract
The Legislator does not provide any specific structure and definition for awards in the context of domestic arbitration. However, Article 482 of Code of Civil Procedure emphasizes on the requirements of reasoning and justifiability in relation to arbitral awards. Therefore, from the wording of this article, ...
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The Legislator does not provide any specific structure and definition for awards in the context of domestic arbitration. However, Article 482 of Code of Civil Procedure emphasizes on the requirements of reasoning and justifiability in relation to arbitral awards. Therefore, from the wording of this article, it is implied that this issue is a basic element of arbitration award, and arbitrators have the same obligation as judges in this respect. Having said that, there is no specific rule defining what a reasoned and justifiable award means. Moreover, no sanction has been provided in the event of failing to meet these requirements. For this reason, doctrine and judicial cases are ambiguous. Some lawyers believe that the lack of these requirements would lead the award to be voidable. However, by making reference to article 489, others state that this matter is not a cause for voidability of award. Itseems that the lack of reasoned and justifiable contents may cause invalidity and voidability of award.
abbas asadi; Mohammad bagher parsapour
Abstract
Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect ...
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Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect the weaker party in the contract. There are methods that can protect the weaker party by using Fundamental rights. These methods consist of: Direct horizontal effect and indirect horizontal effect. The latter divides into two methods: Strong indirect horizontal effect and weak indirect horizontal methods. This article considers manner of protection of the weaker party through Fundamental rights in labour contracts, family suretyship contracts and unfair contractual terms. By using above-mentioned methods in these contracts and unfair contractual terms, suitable solutions for the protection of the weaker party can be presented. For example, in the light of Fundamental rights, manifestly excessive penalty clauses and unfair family suretyship contracts can be null and void. It can also protect labours against unfair contractual terms, in labour contracts, such as non-competition clauses.
sadegh teimoori; laya joneydi; mohammad saghri; reza abbasian
Abstract
Protection of the foreign investment in a host state is one of the main concerns of international law in today’s business and economics world. However, the question of which investors’ conducts should be protected is subject to controversy. Since the occurrence of indirect expropriation depends ...
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Protection of the foreign investment in a host state is one of the main concerns of international law in today’s business and economics world. However, the question of which investors’ conducts should be protected is subject to controversy. Since the occurrence of indirect expropriation depends on the understanding of the concept of indirect expropriation, we will explore the elements and components of this concept. In spite of numerous conflicting international tribunal awards on settlement of disputes arising from expropriation and its various forms, it seems that a solution should be sought by looking at the circumstances of individual case. This article aims to provide criteria for determining indirect expropriation by focusing on the attitude of the domestic legislator as well as the international guidelines and doctrines. In doing so, the International Centre for Settlement of Investment Disputes(ICSID) and Iran - United States Tribunal cases are considered.
ALIREZA ebrahimgol; mahdi haghighian
Abstract
In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. ...
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In many bilateral investment treaties, the investor is allowed to submit its claim to domestic courts, arbitration or any other agreed tribunals. Offering different options to the investor for the method of dispute resolution could lead to some problems, such as conflicting decisions and ambiguous interpretations. Because of these problems, some states have placed some restrictions upon investors and prohibited them from submitting their claims in different courts or tribunals at the same time. Fork in the road is a specific clause requiring the investor to make a final decision and choose a specific court or tribunal, among all competent courts and tribunals, to submit its claim. Choosing any tribunal prevents other tribunals from having jurisdiction. This article aims to examine international arbitration practice regarding fork in the road clause by focusing on ICSID awards.
