Arbitrability in the Legal System of Iran With Emphasis on Judicial Process

Arbitration is recognized as a peaceful way of resolving disputes (one of the alternative dispute resolution methods), which is based on the agreement signed by the parties. Whereas the arbitration procedure has many advantages compared with national courts, it is developing day by day. Nevertheless, there are some issues that are not referable to arbitration in terms of legal systems, or the legislator has made certain conditions for referral to arbitration. Therefore, the free will of the parties for the referral of a case to arbitration is limited by law. In this article, the issues of arbitration that are not subject to arbitration in Iran's legal system or their arbitrability are not clear, have been investigated by looking at similar subjects in other legal systems and emphasizing on the judicial precedent in Iran's courts.