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.
Azam Amini
Abstract
The concept of equity has been existed for a long time in all cultures aswell as different fields of knowledge particularly law and morals.Elaborating this concept, legal systems and commentators from differentlegal scholarships have pointed out to some common elements enablingthe maintenance of the ...
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The concept of equity has been existed for a long time in all cultures aswell as different fields of knowledge particularly law and morals.Elaborating this concept, legal systems and commentators from differentlegal scholarships have pointed out to some common elements enablingthe maintenance of the dynamic nature of equity and its various functionsin the field of law, and more accurate identification of its main core aswell as theoretical and practical recognition of equity’s function, bearingin mind its capabilities, in the realization of human society.Some of the issues discussed in this paper include historical developmentof the concept of equity from the very past to its current situation, theconcept of equity in the Islamic law, introducing the most outstandingstudies conducted globally by legal scholars about equity, and assessingdifferent theories expressed in favour of or against the employment of thisconcept in law. Based on these discussions, specific conclusions on theinter-relation of equity and law is presented which I hope would properlybenefit the Iranian legal scholars
Nahid Javanmoradi; Vahid Nazari
Abstract
In accordance with the Law on Protection of Rights of Authors,Composers and artists, Act of 1348, protection of literary and artisticWork and identification of author ownership right, starts after publishing.From this time onward these rights can be transferred through successionor testament. However, ...
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In accordance with the Law on Protection of Rights of Authors,Composers and artists, Act of 1348, protection of literary and artisticWork and identification of author ownership right, starts after publishing.From this time onward these rights can be transferred through successionor testament. However, Article 65 of the Civil Law Enforcement, Act of1365; allow the successors of the author to publish the unpublished workof their testator after his death and benefit the 50 years support. In otherwords, a literary and artistic work can create two materials right: One,after publishing till the author’s death, which is profitable for thesuccessors until 50 years after his death, the other is the right providedafter publishing the work by the successors and after author’s death. Thiscreates an unreasonable result, First, ''unpublished (by the Author) workscan be protected by law (whit publishing by the successors)'', and second,"The decision to publish the work, one of the moral rights, can also beinherited''!
Mohammad Mahdi Hajian; Mitra Moosavi
Abstract
Take-or-Pay clause (T-o-P), as an essential element of long-term off-takeand supply contracts in energy sector, particularly in Gas SalesAgreements.The philosophy of T-o-P clause is based on the importance ofthe fact that the seller will receive a level of revenue guaranteed under theagreement that covers ...
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Take-or-Pay clause (T-o-P), as an essential element of long-term off-takeand supply contracts in energy sector, particularly in Gas SalesAgreements.The philosophy of T-o-P clause is based on the importance ofthe fact that the seller will receive a level of revenue guaranteed under theagreement that covers massive financial commitments and debts arising fromthe upstream project. Although T-o-P clause is frequently considered inGSAs, the validity and applicability of this condition is subject to controversyamong different legal systems. Some lawyers have treated this provision as apenalty clause which is invalid and unenforceable. However, others regard itas a valid and enforceable liquidated damage clause.This paper first focuses on uncertainties and ambiguities regarding the legalstatus of take-or-pay provision, particularly in English legal system. Then, itdiscusses the issue by considering the fundamentals of Islamic contract rulesand jurisprudence, particularly Iranian legal system reflected in the IranianCivil Code
Bagher Ansari; Hussain Zand
Abstract
Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection ...
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Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection of test data carried out by countries are based on their largescalepolicies and in proportion to their extent of development. This hascaused a remarkable diversity in forms of protection. Protection of testdata has been considered in international instruments. The mostsignificant one is the Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals withprotection of test data. This article first attempts to define test data and toreview necessity for tools of test data protection based on Article 39.3 ofTRIPS. Then, it proposes a suitable form of protection for Iran as adeveloping country.
Morteza Shahbazinia; Parya Maleknia
Abstract
The high level of confidentiality is the most important feature ofmediation. In fact, confidentiality is at the heart of mediation. In thisarticle, the safeguards of confidentiality in mediation is examined frominternational perspective by comparing UNCITRAL Model Law onInternational Commercial Conciliation ...
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The high level of confidentiality is the most important feature ofmediation. In fact, confidentiality is at the heart of mediation. In thisarticle, the safeguards of confidentiality in mediation is examined frominternational perspective by comparing UNCITRAL Model Law onInternational Commercial Conciliation 2002, The European Directive onCertain Aspects of Mediation in Civil and Commercial Matters 2008,WIPO and relevant ICC rules. This study demonstrates that the mainprinciple of mediation is based on confidentiality and therefore, itsexceptions should be limited and interpreted narrowly. To promotemediation, it is necessary to provide rules dealing with the confidentialityof information exchanged in the mediation process in the best possiblemanner. At the same time, the advantage of confidentiality should not bemisused by opportunists.
