Private Law Research

Abstract Model Law on International Commercial Arbitration has been a source of
inspiration for numerous countries. In choosing a legal structure, there is
a strong tendency towards adopting a monist legal regime based on the
Model Law. In Iran, as a result of the ratification of Iranian International
Commercial Arbitration Act (ICAA) in 1997, Iranian arbitration law has
changed its structure from monism to dualism, that is, the Civil Procedure
Code is applicable to domestic arbitration, whereas ICAA applies to
international arbitration. The duality of the system is not an appropriate
legal structure. This article argues that Iranian arbitration law should be
based on monism. It concludes that not only should Iranian arbitration
law be in consistent with the Model Law 2006, but it should also extend
beyond the Model Law by providing a more comprehensive legislation.

Abstract The concept of equity has been existed for a long time in all cultures as
well as different fields of knowledge particularly law and morals.
Elaborating this concept, legal systems and commentators from different
legal scholarships have pointed out to some common elements enabling
the maintenance of the dynamic nature of equity and its various functions
in the field of law, and more accurate identification of its main core as
well as theoretical and practical recognition of equity’s function, bearing
in mind its capabilities, in the realization of human society.
Some of the issues discussed in this paper include historical development
of the concept of equity from the very past to its current situation, the
concept of equity in the Islamic law, introducing the most outstanding
studies conducted globally by legal scholars about equity, and assessing
different theories expressed in favour of or against the employment of this
concept in law. Based on these discussions, specific conclusions on the
inter-relation of equity and law is presented which I hope would properly
benefit the Iranian legal scholars

Abstract
In accordance with the Law on Protection of Rights of Authors,
Composers and artists, Act of 1348, protection of literary and artistic
Work and identification of author ownership right, starts after publishing.
From this time onward these rights can be transferred through succession
or testament. However, Article 65 of the Civil Law Enforcement, Act of
1365; allow the successors of the author to publish the unpublished work
of their testator after his death and benefit the 50 years support. In other
words, a literary and artistic work can create two materials right: One,
after publishing till the author’s death, which is profitable for the
successors until 50 years after his death, the other is the right provided
after publishing the work by the successors and after author’s death. This
creates an unreasonable result, First, ''unpublished (by the Author) works
can be protected by law (whit publishing by the successors)'', and second,
"The decision to publish the work, one of the moral rights, can also be
inherited''!

Abstract Take-or-Pay clause (T-o-P), as an essential element of long-term off-take
and supply contracts in energy sector, particularly in Gas Sales
Agreements.The philosophy of T-o-P clause is based on the importance of
the fact that the seller will receive a level of revenue guaranteed under the
agreement that covers massive financial commitments and debts arising from
the upstream project. Although T-o-P clause is frequently considered in
GSAs, the validity and applicability of this condition is subject to controversy
among different legal systems. Some lawyers have treated this provision as a
penalty clause which is invalid and unenforceable. However, others regard it
as a valid and enforceable liquidated damage clause.
This paper first focuses on uncertainties and ambiguities regarding the legal
status of take-or-pay provision, particularly in English legal system. Then, it
discusses the issue by considering the fundamentals of Islamic contract rules
and jurisprudence, particularly Iranian legal system reflected in the Iranian
Civil Code

Abstract Although “Data” do not in principle come under exclusive protection and
are subject of data-sharing principle, certain occasional benefits may
necessarily make them to be protected on an exceptional and sui-generis
basis. “Test data” fall within the scope of such exceptional cases.
Protection of test data carried out by countries are based on their largescale
policies and in proportion to their extent of development. This has
caused a remarkable diversity in forms of protection. Protection of test
data has been considered in international instruments. The most
significant one is the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals with
protection of test data. This article first attempts to define test data and to
review necessity for tools of test data protection based on Article 39.3 of
TRIPS. Then, it proposes a suitable form of protection for Iran as a
developing country.

Abstract The high level of confidentiality is the most important feature of
mediation. In fact, confidentiality is at the heart of mediation. In this
article, the safeguards of confidentiality in mediation is examined from
international perspective by comparing UNCITRAL Model Law on
International Commercial Conciliation 2002, The European Directive on
Certain Aspects of Mediation in Civil and Commercial Matters 2008,
WIPO and relevant ICC rules. This study demonstrates that the main
principle of mediation is based on confidentiality and therefore, its
exceptions should be limited and interpreted narrowly. To promote
mediation, it is necessary to provide rules dealing with the confidentiality
of information exchanged in the mediation process in the best possible
manner. At the same time, the advantage of confidentiality should not be
misused by opportunists.