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
Hamid Reza Olomiyazdi; Yasaman Azadi
Volume 3, Issue 11 , June 2015, , Pages 121-148
Abstract
“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. ...
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“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, it is aseparate document which differs from the arbitration agreement. Terms ofreferences is commonly known as a feature of arbitration Under InternationalChamber of Commerce Rules of Arbitration and could also be seen in someother arbitration rules. According to ICC Arbitration Rules, it is compulsory forthe parties and the arbitral tribunal to set the Terms of Reference, but undersome other arbitration rules, such as Japan Arbitration Association, it isoptional. Terms of references should be prepared and signed by the parties andarbitrators as soon as the file is handed over to the arbitral tribunal. The mainfunction of this document is to determine the issues on which the arbitraltribunal should concentrate during the arbitral proceeding. This paper examinescontent and legal status of Terms of reference in commercial arbitration andconcludes that the Terms of References could, to a great extent, facilitate andincrease efficiency and accuracy in both institutional and ad hoc arbitration
