Legal nature and independence of the arbitration clause of the main contract in judicial procedure

Referral to arbitration requires the consent of both parties. This compromise is legally a contract that can be concluded in different ways. But two more common methods are: First, concluding an arbitration agreement independently of the contract or the main transaction (basic contract) whereby the parties agree to refer the dispute between them to arbitration (independent arbitration agreement). Second, conciliation to arbitration as a condition of the main contract, according to which the parties agree to resolve disputes and claims arising from the contract through arbitration (condition of arbitration in the contract) and in either of these two methods; Arbitration contracts should be considered as subsidiary contracts that are always concluded on the occasion of a main contract (sale, transportation of goods, insurance, etc.). This sub-feature of the arbitration contract has led to the question that if the original contract is void or terminated, what effect does its annulment and termination have on the arbitration contract? If we consider the annulment or termination of the original contract as effective in the life of the arbitration contract, we are faced with the vicious cycle that the annulment of the original contract causes the annulment of the arbitration contract and the arbitrator who votes for the annulment of the original contract based on the invalid contract And issued ineffective. In order to eliminate such problems, in most countries of the world, it is accepted that the arbitration contract is independent of the original contract, and as a result.