Modifications of The Supporting Regulations (Temporary Judge) in The International Business (Emphasizing on The UNCITRAL Model Law )
Today, settlement of international commercial disputes via recourse to arbitral tribunals and referring to arbitrators is considered to be common and rife. Difficult at the ground to try judiciary issues comprise: long proceedings process, litigation charges, different substantive laws in states, existence of elaborate procedures and etc. are available. And this causes to persuade parties referring to the arbitration instead of court for obviating their disputes. Iranian international arbitration commercial law with goal of the facility of the trade settlement was accepted and enacted in year 1376. Noted law is inferred from UNCITRAL model law. Model law enacted year 1985 is regarded to be important source for member states in ground of resolving disputes at arbitration. One of the significant issues in this law is discussion about” interim measures of protection”. By reason of defects and deficient that were presented on the ground, the UNCITRAL working group embarked to reform in year of 2006 for adding new articles. This event eventuated to advance and improvement in international arbitration position. And many of the countries concurrent with reformation, staged to retrospection of their own laws. However, Iranian international arbitration commercial law also without accompaniment to the international revolutions was fixed. With the delinquency in our law, willingness of individuals to settle their disputes through arbitration regarding Iranian law will be reduced. Hence, we try in this research to study reformation happened on the UNCITRAL model law and other national laws and need for Iranian legislative into concurrent with the revolutions that are necessary in international society.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.