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Information Journal Paper

Title

Mandatory nature of Arbitration clause in Article 53 of General Conditions of Contract

Pages

  89-106

Abstract

 The document of "General Conditions of Contract" is one of the provisions that governs the Governmental Contracting contracts and cannot be infringed. Among the issues to be considered in this document are the provisions of Article 53, with the entitle of "Dispute Resolution". This article, because of the use of the words "can" and "can" in paragraphs (a) and (c), and with the prediction of quasi-arbitration and arbitration in the form of a contract term, and also as a consequence of the "Optional or compulsory will of the parties to lawsuit to the Non-Judicial Authorities, has led to various interpretations of the designation of the competent authority to deal with disputes arising out of this kind of contracts. The absence of a uniform judicial procedure in these cases, has caused to wasting time and financial costs on litigants (employer and contractor) and the judiciary. Therefore, in the present article, we will try to rely on the method of reasoning and principles and legal rules governing the subject in one of the preliminary Court votes, while examining the structure and analysis of the scientific approach of the judge's thought, including the legal concept and nature of this kind of contracts and method of Non-Judicial Dispute Settlements, as well as the Status of Non-Judicial Dispute Resolution Authorities in the Contractual Condition, to determine the extent to which litigants have the possibility in choice of the jurisdictional or non-judicial proceeding, and as far as possible provide a functional and unified approach to deal with such disputes. Keywords: Governmental Contracting, General Conditions of Contract, Arbitration Condition, Non-Judicial Authorities, High Technical Council.

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    • Cite

    APA: Copy

    Rajabi, Eisa, & Ounegh, Shahrzad. (2020). Mandatory nature of Arbitration clause in Article 53 of General Conditions of Contract. THE JUDICIARY’S LAW JOURNAL, 84(111 ), 89-106. SID. https://sid.ir/paper/384604/en

    Vancouver: Copy

    Rajabi Eisa, Ounegh Shahrzad. Mandatory nature of Arbitration clause in Article 53 of General Conditions of Contract. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(111 ):89-106. Available from: https://sid.ir/paper/384604/en

    IEEE: Copy

    Eisa Rajabi, and Shahrzad Ounegh, “Mandatory nature of Arbitration clause in Article 53 of General Conditions of Contract,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 111 , pp. 89–106, 2020, [Online]. Available: https://sid.ir/paper/384604/en

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