AbdolHoddein Shiravi; Mohammad javad kazemi
Abstract
In commercial contracts, the parties usually agree to settle their disputes through amicable negotiations prior to refereeing them to arbitration or judiciary and hereby they will be achieved a settlement by maintaining their commercial relations with the lowest cost, time and damages. Although these ...
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In commercial contracts, the parties usually agree to settle their disputes through amicable negotiations prior to refereeing them to arbitration or judiciary and hereby they will be achieved a settlement by maintaining their commercial relations with the lowest cost, time and damages. Although these agreements are very prevalent in commerce, their legal status, especially in respect of obligations of the parties and legal consequences of their breach, has not thoroughly been discussed. In this research paper, the legal status of these agreements will be first studied as an obligation on the parties to negotiate before refereeing their disputes to arbitration or judiciary. Based on such agreements, the parties are banned from referring their disputes to arbitration or judiciary before they first try to settle their disputes via amicable negotiations on a bona fide basis and on an organized manner. The breach of this obligation would also lead to a contractual liability.
Ebrahim Diyanati Nasab; Abdolhossein shiravi
Abstract
Offset agreements are legal trade practices, common in the aerospace and military industries. The international names for these commercial practices are various: industrial compensations, industrial cooperation, offsets, industrial and regional benefits, balances and equilibrium. An offset agreement ...
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Offset agreements are legal trade practices, common in the aerospace and military industries. The international names for these commercial practices are various: industrial compensations, industrial cooperation, offsets, industrial and regional benefits, balances and equilibrium. An offset agreement is an agreement between two parties whereby a supplier agrees to buy products from the party to whom it is selling, in order to win the buyer as a customer and offset the buyer's outlay. Generally the seller is a foreign company and the buyer is a government that stipulates that the seller must then agree to buy products from companies within their country. Indeed, industrial compensation practices required as a condition of purchase in either government-to-government or commercial sales of articles and/or services. Often, the aim of this process is to even-up a country's balance of trade. Although the offset agreement is so significant, it has been rarely known for inner academic associations; in this work, after brief introducing of the mechanism, variations and compensatory obligations of these contracts, we discuss about the structure of them and the tendency of their parties to bind independent contracts related to each other throughout a document called the protocol.
Abdolahossein Shiravi; Mohammad Babapour
Abstract
Vertical agreements include those contracts which are entered into between the holders of the valuable commercial right like name, trademark and/or special process of production or distribution and another party in vertical line in order to cooperate in various commercial levels, and by virtue of which ...
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Vertical agreements include those contracts which are entered into between the holders of the valuable commercial right like name, trademark and/or special process of production or distribution and another party in vertical line in order to cooperate in various commercial levels, and by virtue of which the first party shall grant the licence of marketing, sale or other his economic activities to another party. These contracts have involved the most rate of agreements in commercial and economic exchanges and expansion of knowledge and technology, and all are established in a unified principles which one of them is the Goodwill Principle. This was admitted in international law in general and in international commercial law in particular. And, a vast rate of duties and tasks like trusteeship, good performance, accurate information, financial soundness, etc. were inflicted to the both parties of a vertical agreement. It is herein dealt with the effect of the goodwill on these agreements and outcomes resulting therefrom.
Abdolhossein Shiravi; Alireza Pouresmaeili
Abstract
Local Content Requirement is an obligation that guest countries impose it on foreign investors to use a certain proportion of locally made parts or components. This requirement affects trade and restricts or distorts it, so according to WTO regulations is inconsistent with non-discrimination principle ...
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Local Content Requirement is an obligation that guest countries impose it on foreign investors to use a certain proportion of locally made parts or components. This requirement affects trade and restricts or distorts it, so according to WTO regulations is inconsistent with non-discrimination principle and WTO members obliged to avoid from imposing local content on other member’s investors because the local content requirement distorts free trade and discriminate between local and imported goods.Local content requirement also applies in many Iranian regulations and is one the major requirements impose on foreign investors. This essay study local content requirement in Iranian Regulations and compare it with WTO Agreements especially TRIMs Agreements.
