Feasibility of Agreement on Courts Exclusive Jurisdiction in Iranian Law

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Kabry mohammedmjed; ANSARI AZAM

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: INTERNATIONAL LAW REVIEW Year:2021 | Volume:- | Issue:63 Page(s): 343-371

Download Full-Text

Persian Verion

View:

339

Download:

Cites:

Information Journal Paper

Title

Feasibility of Agreement on Courts Exclusive Jurisdiction in Iranian Law

Author(s)

Kabry mohammedmjed | ANSARI AZAM | Issue Writer Certificate

Keywords

International DisputesQ1

Competent CourtQ1

Relative competenceQ1

Agreement on JurisdictionQ1

party autonomyQ1

Abstract

Nowadays, great importance has been attached to the contractual terms especially the agreement on choice of court in international commercial contracts for possible disputes. Although, considering the party autonomy principle and parties’ interests, the agreement on the court that will have jurisdiction over the case is acceptable and this agreement obviously is valid in some legal systems and also in international instruments, Iranian Law casts serious doubt on it. Lack of certain laws and deficiency of case law in Iran have induced this uncertainty. The confusion in the clause to the exclusion of Iranian courts’ jurisdiction is more serious. This article using descriptive-analytical method and focusing on some Acts and Cases in legal system of Iran indicates that in Iranian Law, the Agreement on Jurisdiction that introduces the Iranian courts as Competent Court is acceptable. Accordingly, Iranian Law operates like many other legal systems. Nevertheless, it deals with more restrictions on the exclusion of Iranian courts’ jurisdiction clause. This clause is valid unless the subject of dispute is related to issues that the Iranian courts have exclusive jurisdiction.

Cites

No record.

References

No record.

Cite

APA: Copy

Kabry, mohammedmjed, & ANSARI, AZAM. (2021). Feasibility of Agreement on Courts Exclusive Jurisdiction in Iranian Law. INTERNATIONAL LAW REVIEW, -(63 ), 343-371. SID. https://sid.ir/paper/409497/en

Vancouver: Copy

Kabry mohammedmjed, ANSARI AZAM. Feasibility of Agreement on Courts Exclusive Jurisdiction in Iranian Law. INTERNATIONAL LAW REVIEW[Internet]. 2021;-(63 ):343-371. Available from: https://sid.ir/paper/409497/en

IEEE: Copy

mohammedmjed Kabry, and AZAM ANSARI, “Feasibility of Agreement on Courts Exclusive Jurisdiction in Iranian Law,” INTERNATIONAL LAW REVIEW, vol. -, no. 63 , pp. 343–371, 2021, [Online]. Available: https://sid.ir/paper/409497/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops