Arbitrability of claims of private banks

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Orfi Mahdi; Karimi Abbas; Mansouri Saeed

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Journal Paper

Paper Information

Journal: اقتصاد و بانکداری اسلامی Year:2024 | Volume:13 | Issue:48 Page(s): 85-109

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Information Journal Paper

Title

Arbitrability of claims of private banks

Author(s)

Orfi Mahdi | Karimi Abbas | Mansouri Saeed | Issue Writer Certificate

Keywords

state bank

private bank

arbitration

arbitrability

Abstract

Nowadays, both government and non-government banks, in order to perform their banking duties, conclude various contracts with their customers, such as opening accounts, granting facilities, bank guarantees, letters of credit, etc. cause legal disputes. Until a few decades ago, banks did not show much luck in referring their claims to arbitration for various reasons, such as the incorrect approach of Article 139 of the Constitution and some limitations of the arbitration institution imposed on this institution by law, such as the impossibility of issuing a temporary order. But now this perception is declining due to the non-government of most banks and also the recognition of the arbitration institution; Hence, the desire of banks to resolve their claims through arbitration, considering the unique characteristics of this institution such as the ability to be recognized and implemented at the international level, the possibility of using knowledgeable experts in banking affairs as arbitrators, maintaining confidentiality, Acceleration in handling and reducing costs has increased. However, this article tries to answer the question of whether bank claims can be referred to arbitration with a descriptive analytical method and with the aim of the possibility or impossibility of arbitration of bank claims. Therefore, after examining the basic concepts and basics of the topic of discussion, it has been concluded that basically bank claims, whether governmental or non-governmental, are arbitrable, except for the claims that are explicitly prohibited by the legislator.

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