Arbitration Law
Marzie Dabiri; Feyzollah Jafari
Abstract
In law of iran, it is impermissible to refer a bankruptcy litigation to arbitration.(article 496 of civil procedure code) in some countries this prohibition has been created by recognizing the exclusive jurisdiction of special bankruptcy courts. But, there isn’t be an specific legal provisions ...
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In law of iran, it is impermissible to refer a bankruptcy litigation to arbitration.(article 496 of civil procedure code) in some countries this prohibition has been created by recognizing the exclusive jurisdiction of special bankruptcy courts. But, there isn’t be an specific legal provisions regarding the arbitrability of bankruptcy related lawsuits that may be litigated during liquidation. In order to answer the question of whether such claims are arbitrable or not, the origin and reason of the non-arbitrability of the bankruptcy claim must be known. In this case, various reason such as conflict with public order or protection of creditors’ rights have been mentioned it seems that the main root of this prohibition is in the inherent limitation of arbitration. Arbitration doesn’t have possibility to solve bankruptcy cases effectively. This article by descriptive analytical method concludes that should be distinguished. So if the claims of during liquidation period were derived from the binding rights and duties in the bankruptcy laws and to enforce the bankruptcy order and correct explanation of creditors’ rights to comply of bankruptcy claim, it can’t be referred to arbitration. But other lawsuits, which orginate from other laws other than bankruptcy are arbitrable.Arbitrability, Bankruptcy Liquidation, Law Suit, Eligibility, Dispute Resolution
Nejadali Almasi; seyyed hossein asadi
Abstract
The right to sue the court is based on the jurisdiction of the judicial authority. This jurisdiction may be created simultaneously for more than one court in more than one country. In the statutes, there are cases that due to the impossibility of implementing the rules related to local jurisdiction and, ...
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The right to sue the court is based on the jurisdiction of the judicial authority. This jurisdiction may be created simultaneously for more than one court in more than one country. In the statutes, there are cases that due to the impossibility of implementing the rules related to local jurisdiction and, in particular, the involvement of an external element, the Tehran court, is competent. The jurisdiction of the court in these cases is a symbol of the general jurisdiction of the courts of Iran and because of its headquarters is the capital of Iran. For this reason, using the statutes and with the induction of existing laws, it is possible to extend the jurisdiction of this court as a rule, to other similar cases. In this way, by adopting this rule, not only the defect of the law is resolved, but also the parties get rid of the confusion. In addition, the court that deals with the matter is not afraid of being incompetent or likely protest to it. This topic, which has the capability of designing the title "expandingof local competence of the capital's court" in Iran's law, will be examined in the present paper.
