ARBITRABILITY OF DISPUTES ARISING FROM ECONOMIC REGULATION: CONTRACTUAL FAILURE IN ARBITRATION OF COMPETITION LAW AND SECURITIES REGULATIONS DISPUTES

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BAGHERI MAHMOUD

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

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Paper Information

Journal: Legal Research Year:2009 | Volume:- | Issue:48 Page(s): 277-346

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Information Journal Paper

Title

ARBITRABILITY OF DISPUTES ARISING FROM ECONOMIC REGULATION: CONTRACTUAL FAILURE IN ARBITRATION OF COMPETITION LAW AND SECURITIES REGULATIONS DISPUTES

Author(s)

BAGHERI MAHMOUD | Issue Writer Certificate

Keywords

ARBITRABILITYQ1

ECONOMIC REGULATIONQ3

PUBLIC ORDERQ1

COMPETITION LAWQ2

SECURITIES REGULATIONSQ1

CORRECTIVE AND DISTRIBUTIVE JUSTICEQ3

Abstract

The current paper is dealing with a widespread problem in international business which involves the conflict between national ECONOMIC REGULATION and arbitration clause in international commercial transaction. The emergence of various forms of regulatory laws has not only put restrictions on the substantive aspects of freedom of contract but has also restricted access to the alternative dispute resolution including international commercial arbitration in the case of a dispute arising from a contract between the parties who have already designated arbitration as mechanism for resolution of their dispute. The reason for such a restriction on the arbitrarily of regulatory disputes is that the public law dimension of these disputes could be compromised if they are left to private adjudicators. However, international commence and taking into account the interests of other states may require a more lenient approach to the issue of ARBITRABILITY of regulatory disputes in an international context.

Cites

INTERNATIONAL COMMERCIAL ARBITRATION AND THE CHALLENGE OF MANDATORY RULES OF LAW: (CASE OF ARBITRATION IN ANTITRUST CLAIMS)

References

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APA: Copy

BAGHERI, MAHMOUD. (2009). ARBITRABILITY OF DISPUTES ARISING FROM ECONOMIC REGULATION: CONTRACTUAL FAILURE IN ARBITRATION OF COMPETITION LAW AND SECURITIES REGULATIONS DISPUTES. REVUE DE RECHERCHE JURIDIQUE, -(48), 277-346. SID. https://sid.ir/paper/91889/en

Vancouver: Copy

BAGHERI MAHMOUD. ARBITRABILITY OF DISPUTES ARISING FROM ECONOMIC REGULATION: CONTRACTUAL FAILURE IN ARBITRATION OF COMPETITION LAW AND SECURITIES REGULATIONS DISPUTES. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2009;-(48):277-346. Available from: https://sid.ir/paper/91889/en

IEEE: Copy

MAHMOUD BAGHERI, “ARBITRABILITY OF DISPUTES ARISING FROM ECONOMIC REGULATION: CONTRACTUAL FAILURE IN ARBITRATION OF COMPETITION LAW AND SECURITIES REGULATIONS DISPUTES,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. 48, pp. 277–346, 2009, [Online]. Available: https://sid.ir/paper/91889/en

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