--Terms of Reference in International Commercial Arbitration
“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, i...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2015-10-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_1453_74beeb34cc3be7e3b77ea484d9a7d540.pdf |
| _version_ | 1797375887099822080 |
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| author | Hamid Reza Olomiyazdi Yasaman Azadi |
| author_facet | Hamid Reza Olomiyazdi Yasaman Azadi |
| author_sort | Hamid Reza Olomiyazdi |
| collection | DOAJ |
| description | “Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, it is aseparate document which differs from the arbitration agreement. Terms ofreferences is commonly known as a feature of arbitration Under InternationalChamber of Commerce Rules of Arbitration and could also be seen in someother arbitration rules. According to ICC Arbitration Rules, it is compulsory forthe parties and the arbitral tribunal to set the Terms of Reference, but undersome other arbitration rules, such as Japan Arbitration Association, it isoptional. Terms of references should be prepared and signed by the parties andarbitrators as soon as the file is handed over to the arbitral tribunal. The mainfunction of this document is to determine the issues on which the arbitraltribunal should concentrate during the arbitral proceeding. This paper examinescontent and legal status of Terms of reference in commercial arbitration andconcludes that the Terms of References could, to a great extent, facilitate andincrease efficiency and accuracy in both institutional and ad hoc arbitration |
| first_indexed | 2024-03-08T19:30:43Z |
| format | Article |
| id | doaj.art-ba96ba42bc434bd6be41fa4abdf157c0 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:43Z |
| publishDate | 2015-10-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-ba96ba42bc434bd6be41fa4abdf157c02023-12-26T07:47:05ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322015-10-013111211481453--Terms of Reference in International Commercial ArbitrationHamid Reza Olomiyazdi0Yasaman Azadi1استادیار حقوق تجارت بین الملل دانشگاه علامه طباطبائیدانشجوی کارشناسی ارشد حقوق تجارت بین الملل دانشگاه علامه طباطبائی“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, it is aseparate document which differs from the arbitration agreement. Terms ofreferences is commonly known as a feature of arbitration Under InternationalChamber of Commerce Rules of Arbitration and could also be seen in someother arbitration rules. According to ICC Arbitration Rules, it is compulsory forthe parties and the arbitral tribunal to set the Terms of Reference, but undersome other arbitration rules, such as Japan Arbitration Association, it isoptional. Terms of references should be prepared and signed by the parties andarbitrators as soon as the file is handed over to the arbitral tribunal. The mainfunction of this document is to determine the issues on which the arbitraltribunal should concentrate during the arbitral proceeding. This paper examinescontent and legal status of Terms of reference in commercial arbitration andconcludes that the Terms of References could, to a great extent, facilitate andincrease efficiency and accuracy in both institutional and ad hoc arbitrationhttps://jplr.atu.ac.ir/article_1453_74beeb34cc3be7e3b77ea484d9a7d540.pdf-terms of referencearbitration agreementinternational chamber of commercearbitral tribunalcontents of terms of reference |
| spellingShingle | Hamid Reza Olomiyazdi Yasaman Azadi --Terms of Reference in International Commercial Arbitration Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī -terms of reference arbitration agreement international chamber of commerce arbitral tribunal contents of terms of reference |
| title | --Terms of Reference in International Commercial
Arbitration |
| title_full | --Terms of Reference in International Commercial
Arbitration |
| title_fullStr | --Terms of Reference in International Commercial
Arbitration |
| title_full_unstemmed | --Terms of Reference in International Commercial
Arbitration |
| title_short | --Terms of Reference in International Commercial
Arbitration |
| title_sort | terms of reference in international commercial arbitration |
| topic | -terms of reference arbitration agreement international chamber of commerce arbitral tribunal contents of terms of reference |
| url | https://jplr.atu.ac.ir/article_1453_74beeb34cc3be7e3b77ea484d9a7d540.pdf |
| work_keys_str_mv | AT hamidrezaolomiyazdi termsofreferenceininternationalcommercialarbitration AT yasamanazadi termsofreferenceininternationalcommercialarbitration |