A Comparative Study of the Commercial Arbitration in Iran and Germany

The International Commercial Arbitration Act of Iran is an updated code. Iran, however, has been left out of sight as a place for international arbitrations. On the other hand, Germany has not been a popular venue for international arbitration, even though the travaux préparatoires of the new German Arbitration Act (1998) which is carrying a long legacy show the liberal approach of Germany towards arbitration. The German legislator has taken into consideration the importance of arbitration for economic enterprises by revising its old arbitration act and has adopted the UNCITRAL Model Law on International Commercial Arbitration (1985) with few changes. In the following pages, the birth and nature of the new German Arbitration Act is briefly noted. Then, the form of the arbitration agreement as well as its content including the place of arbitration, the law applicable to the content of the dispute, the arbitration rules and the arbitrability of the disputes are also amongst the crucial issues which are to be considered. The German Arbitration Act makes a distinction between the correction and interpretation of the award and recourse against it and this is carefully studied here from a comparative point of view.