The Nature of Arbitration Agreement – Case of Iran

Abstract

The foundation and root cause of the institution of arbitration in the international and domestic arenas was the existence of a normal and public procedure in the formal existence, which resulted in a sluggish inquiry and the expenditure of money by the state and the disputing parties. Thus, in the majority of the world's nations, precise regulations regulating the various types of arbitration and its circumstances and effects were enacted. In the domestic arena, arbitration rules with a focus on civil law are considered to be among non-formal contracts, whereas in the international arena, Iranian Law, in accordance with International Arbitration Law, considers the arbitration contract to be among formal contracts and emphasizes the need for a written arbitration contract; furthermore, in domestic regulations, the arbitration agreement is considered to be subject to the main contract, whereas in Iranian Law on International Arbitration Law, the arbitration agreement is considered to be subject to the main contract.