Arbitration on the basis of “ Equity” , “ Amiable Composition” , and “ Lex Mercatoria”

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KARIMI MOHAMMAD; KASHANI JAVAD; Nasiran Najaf Abadi Davod

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Journal: International Relations Researches Year:2019 | Volume:9 | Issue:2 (32) Page(s): 215-238

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Title

Arbitration on the basis of “ Equity” , “ Amiable Composition” , and “ Lex Mercatoria”

Author(s)

KARIMI MOHAMMAD | KASHANI JAVAD | Nasiran Najaf Abadi Davod | Issue Writer Certificate

Keywords

EquityQ3

Lex MercatoriaQ1

international trade arbitrationQ1

amiable compositionQ1

Abstract

There are still numerous idea disputes about different suitability in relation to “ Lex Mercatoria” , or transnational business law, despite the passing of some decades. One of the most important idea disputes in this field is about the using of “ Equity” and “ amiable composition” in the international trade arbitration and this subject is explained in this way: Can the arbitrator express this parties, stipulation as the arbitration authority for managing the contract on the basis of “ Lex Mercatoria” if, in a contract about the international trade field, parties agree that their contract is managed on the basis of “ Equity” and “ amiable composition” ? The root of idea disputes about this subject is for this reason that “ Equity” expresses one of the most important principles of “ Lex Mercatoria” and therefore some professors believe the determination of “ Equity” as a governing law on the dispute or the arbitrator authority in the action as an “ amiable composition” permits arbitrators the possibility of the using of “ Lex Mercatoria” Against this reason, some scientists believe although the “ Equity” principle is one of the most important principles of “ Lex Mercatoria” in the management of the Contract on the basis of “ LexMercatoria” , the judge or arbitrator has to act or make decisions on the basis of “ Lex Mercatoria” . Even though the result of his/her decision is not according to “ Equity” . The dispersion of votes led to the minds of the authors of the analytical approach and using the library for an independent investigation to be focused in this area.

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APA: Copy

KARIMI, MOHAMMAD, KASHANI, JAVAD, & Nasiran Najaf Abadi, Davod. (2019). Arbitration on the basis of “ Equity” , “ Amiable Composition” , and “ Lex Mercatoria”. INTERNATIONAL RELATIONS RESEARCH QUARTERLY, 9(2 (32) ), 215-238. SID. https://sid.ir/paper/216174/en

Vancouver: Copy

KARIMI MOHAMMAD, KASHANI JAVAD, Nasiran Najaf Abadi Davod. Arbitration on the basis of “ Equity” , “ Amiable Composition” , and “ Lex Mercatoria”. INTERNATIONAL RELATIONS RESEARCH QUARTERLY[Internet]. 2019;9(2 (32) ):215-238. Available from: https://sid.ir/paper/216174/en

IEEE: Copy

MOHAMMAD KARIMI, JAVAD KASHANI, and Davod Nasiran Najaf Abadi, “Arbitration on the basis of “ Equity” , “ Amiable Composition” , and “ Lex Mercatoria”,” INTERNATIONAL RELATIONS RESEARCH QUARTERLY, vol. 9, no. 2 (32) , pp. 215–238, 2019, [Online]. Available: https://sid.ir/paper/216174/en

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