Ordering interim measures in arbitration in domestic and international law of Iran

Arbitration is regarded as an art; thus, interim measures a part of such art. Unfortunately, legislation in Iran has predicted interim order and attachment of relief only in the International Trade Arbitration Law. However, this issue has generally been neglected in the Civil Procedure Code. As a result of such silence, there are some doubts about the possibility or impossibility of ordering interim measures in arbitration. Some jurists believe that judges and arbitrators cannot possibly order interium measures while the second group of jurists favor the jurisdiction of arbitrator and still there are the third group who attribute such a possibility to the competence of the courts. It seems that the best solution is that the legislator forecasts the possibility of ordering these measures on the conditions such as, the agreement made between the parties or upon a justifiable request made by the parties, or based on the arbitrator’s discretion. Moreover, in order to avoid the court’s interfering in the process of arbitration, it is only the arbitrator who should be authorized to order such measures. Tehran Regional Arbitration Center and Arbitration Center of the Iran Commerce Chamber, as two arbitration institutions in Iran, are the only institutions who predict ordering interim order in their regulations.