The Impact of Article 986 Civil Code of Iran on the Contractual Dispute Settlement Clauses in the Current Judiciary Order; Solutions from Comparative Study

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Ahali Abade Mohsen; TABATABAEI NEJAD SAYYED MOHAMMAD

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 521-543

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Information Journal Paper

Title

The Impact of Article 986 Civil Code of Iran on the Contractual Dispute Settlement Clauses in the Current Judiciary Order; Solutions from Comparative Study

Author(s)

Ahali Abade Mohsen | TABATABAEI NEJAD SAYYED MOHAMMAD | Issue Writer Certificate

Keywords

Applicable LawQ1

Article 986 Civil Code of IranQ1

The threshold point of an international caseQ1

arbitration clause regarding a foreign centerQ1

foreign arbitrationQ1

Abstract

In the following article, three common scenarios of private international law pertaining to Article 986 Civil Code of Iran, involving Iranian courts and proceedings, have been particularly discussed by means of comparative study. The first scenario involves "forum selection clause", in which contracting parties have chosen to bring their disputes before a foreign court. The second scenario is related to "choice of law clause” , in which the Applicable Law is decided to be a foreign law by the parties. The third scenario is relevant to a contract including an arbitration clause with the content of dispute resolution. Such an arbitration clause, emphasizes on the fact that any dispute shall be resolved by the chosen arbitration center and under its rules and regulations. In current scenario, the Applicable Law, which has brought controversy and contentious on hearings, proceedings and judgments, has not been determined in contract. Hence, this article seeks to recommend the Iranian private international law system a few solutions under the auspices of comparative law and legal doctrines. At the end, this article might be of use for readers in order to make them familiar with the application of above mentioned scenarios in Iranian ordinary course of proceedings. It may also help them to come up with practical solutions in similar or identical situations.

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APA: Copy

Ahali Abade, Mohsen, & TABATABAEI NEJAD, SAYYED MOHAMMAD. (2019). The Impact of Article 986 Civil Code of Iran on the Contractual Dispute Settlement Clauses in the Current Judiciary Order; Solutions from Comparative Study. COMPARATIVE LAW REVIEW, 9(2 ), 521-543. SID. https://sid.ir/paper/246391/en

Vancouver: Copy

Ahali Abade Mohsen, TABATABAEI NEJAD SAYYED MOHAMMAD. The Impact of Article 986 Civil Code of Iran on the Contractual Dispute Settlement Clauses in the Current Judiciary Order; Solutions from Comparative Study. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):521-543. Available from: https://sid.ir/paper/246391/en

IEEE: Copy

Mohsen Ahali Abade, and SAYYED MOHAMMAD TABATABAEI NEJAD, “The Impact of Article 986 Civil Code of Iran on the Contractual Dispute Settlement Clauses in the Current Judiciary Order; Solutions from Comparative Study,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 521–543, 2019, [Online]. Available: https://sid.ir/paper/246391/en

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