LEGAL NATURE AND SEPARABILITY OF ARBITRATION CLAUSE FROM THE MAIN CONTRACT FROM THE STAND POINT OF JUDICIAL PRECEDENT

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ZAREI MEHDI; SALIMI MOHSEN

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Journal: PRIVATE LAW STUDIES Year:2018 | Volume:48 | Issue:3 Page(s): 453-472

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Information Journal Paper

Title

LEGAL NATURE AND SEPARABILITY OF ARBITRATION CLAUSE FROM THE MAIN CONTRACT FROM THE STAND POINT OF JUDICIAL PRECEDENT

Author(s)

ZAREI MEHDI | SALIMI MOHSEN | Issue Writer Certificate

Keywords

ArbitratorQ2

arbitration clauseQ1

Condition of performanceQ2

ObligationQ2

Abstract

Referring the dispute to arbitration is done in two ways: independent contract and arbitration clause. An arbitration clause is included in the contract when there is still no controversy and parties will refer their possible future potential disputes to the arbitration. arbitration clause is generally considered as a stipulation in contract. However, the point that whether the arbitration clause has the potential of being the subject of stipulation in contract or not is the topic of this study. These issues have been studied from the stand point of judicial precedent. The importance of this issue is that depending on the legal nature of the arbitration clause, its legal effects will be different. Therefore, by analyzing the concept of an arbitration clause, the views in this area, and in particular the important principle of the independence of the arbitration clause, it can be assumed that despite the fact that the clause can be construed in terms of the conditions of the performance and result, however, it has a special legal nature removing it from the traditional rules of civil law because the arbitration clause has a direct effect on the denial of the jurisdiction of the court and can be the subject of an independent Obligation.

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APA: Copy

ZAREI, MEHDI, & SALIMI, MOHSEN. (2018). LEGAL NATURE AND SEPARABILITY OF ARBITRATION CLAUSE FROM THE MAIN CONTRACT FROM THE STAND POINT OF JUDICIAL PRECEDENT. PRIVATE LAW STUDIES, 48(3 ), 453-472. SID. https://sid.ir/paper/124655/en

Vancouver: Copy

ZAREI MEHDI, SALIMI MOHSEN. LEGAL NATURE AND SEPARABILITY OF ARBITRATION CLAUSE FROM THE MAIN CONTRACT FROM THE STAND POINT OF JUDICIAL PRECEDENT. PRIVATE LAW STUDIES[Internet]. 2018;48(3 ):453-472. Available from: https://sid.ir/paper/124655/en

IEEE: Copy

MEHDI ZAREI, and MOHSEN SALIMI, “LEGAL NATURE AND SEPARABILITY OF ARBITRATION CLAUSE FROM THE MAIN CONTRACT FROM THE STAND POINT OF JUDICIAL PRECEDENT,” PRIVATE LAW STUDIES, vol. 48, no. 3 , pp. 453–472, 2018, [Online]. Available: https://sid.ir/paper/124655/en

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