The role of geographical justice in alternative ways of resolving international trade disputes and sanctions

Authors

1 PhD Candidate of Private Law, Najaf Abad Branch , Islamic Azad University , Najaf Abad , Iran

2 Associate Professor/ Law Department/ Faculty of Administrative Sciences and Economics/ University of Isfahan

3 Assistant Professor , Private Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad , Iran

Abstract

Following the uniform expansion of trade oversight in recent years by the United States and the European Union; Private settlement of cross-border trade disputes faces new challenges and challenges. One of these measures is the imposition of international sanctions, which have been used repeatedly, including in our country. Due to the occurrence of these sanctions, the contracts and agreements between the sanctioned parties and other people are definitely overshadowed and in many cases make their implementation difficult or even impossible. In the present article, we will answer the question of the effect of sanctions on the rules of arbitration of international commercial arbitration tribunals, including the International Chamber of Commerce, the Court of Arbitration in London, as well as related international conventions, especially the Convention on the International Sale of Goods. Does it have international commercial arbitration? The result of the present study is that sanctions affect international commercial arbitration in five ways: effects on arbitrators, effects on international arbitral tribunals, effects on the enforcement of international arbitral awards, effects on contract law, and finally effects on contracting parties. . Sanctioning states have also generally invoked sanctions as a rule of "public policy" in international commercial arbitration.

Keywords

References

Amiri,Amin Pasha, Preparation of International Commercial Arbitration Agreement, Master Thesis, University of Tehran, 2002
Ashford, Peter, ‘’ Handbook on International Commercial Arbitration: Second Edition ‘’, Juris Publishing, Inc, 2014
Bagheri, Mahmood, ‘’ International Contracts and National Economic Regulation: Dispute Resolution Through International Commercial Arbitration ‘’, Kluwer Law International, 2000
Khedri, Saleh; Principles of Judgment in International Commercial Arbitration, Quarterly Journal of Private Law Studies, Volume 44, Number 4, Winter 2014,
Knall, Sara, ‘’ The Contemporary Thesaurus of Search Terms and Synonyms ‘’, Greenwood Publishing Group, 2000
Lynch, Katherine, ‘’ The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration ‘’, Kluwer Law International, 2003
Tavassoli Naeini, Manouchehr and Badrizadeh, Sima; International Commercial Arbitration in Cyberspace, Journal of Legal Studies, Shiraz University, Volume 6, Number 1, Spring 2014
Van Den Herik, Larissa, ‘’ Research Handbook on UN Sanctions and International Law ‘’, Edward Elgar Publishing, 2015
Warwas, Barbara Alicja, ‘’ The Liability of Arbitral Institutions: Legitimacy Challenges and Functional Responses ‘’, Springer, 2016
Yazdi, Hamid Reza and Azadi, Yasman; Arbitration Letter and Its Place in International Commercial Arbitration, Quarterly Journal of Private Law Research, Year 3, Issue 11, Summer 2015
Zare, Mehdi and Salimi, Mohsen; Introduction to Arbitration in International Commercial Lawsuits, Journal of Private and Criminal Law Research, Volume 11, Number 4, Winter 2015
Geography (Regional Planning)
Volume 11, Issue 43
August 2021
Pages 747-760

Files

Share

How to cite

Statistics