The Islamic-Iranian model of resolving the dispute between the businessmen of Iran and Muslim countries based on the opinion of Imam Khomeini

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Karimi Poor Khalaf; Bozorgmehr AmirAbass

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Journal Paper

Paper Information

Journal: ISLAMIC IRANIAN PROGRESS MODEL Year:2024 | Volume:11 | Issue:4 Page(s): 337-359

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Information Journal Paper

Title

The Islamic-Iranian model of resolving the dispute between the businessmen of Iran and Muslim countries based on the opinion of Imam Khomeini

Author(s)

Karimi Poor Khalaf | Bozorgmehr AmirAbass | Issue Writer Certificate

DOI

https://doi.org/156321

Keywords

Arbitration

Chamber of Commerce

Trade Disputes

Iran-Iraq Relations

Imam Khomeini

Abstract

In the Iran Chamber of Commerce, a special department is responsible for dealing with trade between Iran and Iraq, which is called the "Iran-Iraq Chamber of Commerce." The arbitration process for disputes between businessmen of the two countries is assigned to this institution. The said chamber does not have its own rules and generally conducts the arbitration mechanism by extending the rules of the Chamber of Commerce. In this research, the legal requirements governing this institution have been studied analytically-descriptively based on the views of Imam Khomeini. It was concluded that according to the broad interpretation of the statements and rulings of Imam Khomeini, arbitration between the merchants of the two countries, which have a Muslim majority population, should be done by Muslim arbitration and through mediation. Only if two non-Muslim businessmen are co-religionists will not be barred from electing their co-religionist arbitrator. This dispute resolution procedure should be mandatory and the process should be done in the shortest possible time. There is a need to clarify these issues within the framework of a legal source by formulating the regulations specific to the Iran-Iraq Chamber of Commerce.

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