• List of Articles arbitration.

      • Open Access Article

        1 - Islamic Judicial System and Diversity of Courts
        Mohammad Ja’fari Harandi
        The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary chang More
        The world today, compared to the past, has undergone several changes. Many of the yesteryear man’s usual issues are done quite in a different manner. The procedure of Islamic judgement and arbitration is a part of jurisprudence that has not undergone the necessary changes yet. The question of this paper is: what are the needs to change Islamic juridical procedures and judicial system? Taking into account the religious principles, particularly legitimacy of the judge as well as distinction between arbitration on the divine rights and the people’s rights based on jurisprudence, and also, arguing that social rights are distinct from the divine rights, attempts have been made in this research to propose some changes in the juridical procedures which include: setting up of different courts congruent with the nature of the forwarded cases such as individual personal rights, society’s rights, and divine rights. The judges dealing with the first two groups of rights are to be elected by the people, while the judges handling the cases related to the divine rights and pertaining issues are to be appointed by the ruler of the Islamic state. Manuscript profile
      • Open Access Article

        2 - Examining the ethical principles of international commercial arbitrators
        Samira  Mohammadi Nejad Ali  Gharibeh Hasan  Pashazadeh
        Nowadays, observance of ethical principles by arbitrators has become an important issue in arbitration issues. Although in the past, arbitrators 'behaviors were considered by internal and social standards. Today, special ethical guidelines have been developed that are n More
        Nowadays, observance of ethical principles by arbitrators has become an important issue in arbitration issues. Although in the past, arbitrators 'behaviors were considered by internal and social standards. Today, special ethical guidelines have been developed that are new standards for evaluating arbitrator’s behavior. The parties and the arbitrators must be aware of the potential ethical rules applicable to the arbitration process. Although the ethical guidelines provided by the International Bar Association, are not mandatory and are not universally recognized, but failure to pay attention to them can have consequences for the judgments rendered by the arbitrators. In this article, we will examine the ethical principles of arbitrators according to the existing ethical codes in this field. The research method will be descriptive-analytical and information will be collected in a library by referring to law books and taking notes from them, including domestic and international regulations and awards will be issued as much as possible. Domestic and foreign due to the international aspect of the research will be inevitable. Having an effective system to control respect for arbitration ethics and correct many of the irregularities in arbitration practices is essential. The most important ethical principles that must be observed by the arbitrators is the principle of transparency, confidentiality and observance of the arbitration agreement. Of course, due to the dispersion of rules and non-enforcement of existing guidelines and before an effective and enforceable system, agreement between the parties on a code of ethics in the arbitration agreement or procedural guidelines after the dispute has begun, can be effective. Manuscript profile