The reference of claims relating to state and public property to arbitration

Constitution 139 article about reference of claims relating to state and public property to arbitration in the past years 35 is differentially interpreted or awarded by Conservator Council, Parliament, Courts and domestic and international arbitration Centers. one of these interpretations, is one that administrative justice tribunal public board rendered in the n.138-139 award regarding to state regulation relating to reference of claim arising from a special contract to arbitration of ICC and annulled it and in consequence, arbitration clause with arguing that permit of state was absent in the time of conclusion of arbitration contract and subsequent confirmation couldn’t validate it. This article analyzed the foundations and documentations of mentioned award and proved that this award is inconsistent with appearance wordings of ordinary Act and constitution and intention legislator relating to arbitration also legal and religious jurisprudence general principles and state practice in the past years 35.in addition it isn’t executable.