Legal liability of arbitration institutions arising from refusal to administer referred cases
As the international sanctions against Iran were tightened between the years 2010 and 2015, with no clear reason or justification, some European arbitration institutions stopped to filing Requests for Arbitration and providing arbitration services to the disputes related to Iranian transactions or I...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2018-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | https://jplr.atu.ac.ir/article_8997_10633acb2d4ac840868605b36af2448f.pdf |
| _version_ | 1797375838598987776 |
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| author | Oveis Rezvanian |
| author_facet | Oveis Rezvanian |
| author_sort | Oveis Rezvanian |
| collection | DOAJ |
| description | As the international sanctions against Iran were tightened between the years 2010 and 2015, with no clear reason or justification, some European arbitration institutions stopped to filing Requests for Arbitration and providing arbitration services to the disputes related to Iranian transactions or Iranian party(ies). From a contractual perspective, this refusal entitles the damaged party(ies) to request for compensation. However, to this aim, a number of assumptions should be first proved, i.e. the existence of a contractual relationship between the parties and the arbitration institution, the occurrence of damage and non-existence of an uncontrollable impediment (such as restrictions imposed by international sanctions). Moreover, considering the nature of services provided by arbitration institutions, the non-contractual liability of these institutions, as well as the possibility of violating the European Non-discrimination Law, are other important issues to be examined. In the present research project, the liability of arbitration institutions for providing services to users and the possibility of reimbursing the damages arising out of refusal to provide such services are discussed. The findings of the research project confirm the possibility of reimbursing the damages by aggrieved parties. |
| first_indexed | 2024-03-08T19:30:01Z |
| format | Article |
| id | doaj.art-fa0b8636a87840b0b4efab9907ed1e63 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:01Z |
| publishDate | 2018-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-fa0b8636a87840b0b4efab9907ed1e632023-12-26T07:48:21ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322018-09-01724376410.22054/jplr.2018.27986.17408997Legal liability of arbitration institutions arising from refusal to administer referred casesOveis Rezvanian0Assistant professor at the Graduate Institute of Management and Planning Studies, Director of Tehran Regional Arbitration CentreAs the international sanctions against Iran were tightened between the years 2010 and 2015, with no clear reason or justification, some European arbitration institutions stopped to filing Requests for Arbitration and providing arbitration services to the disputes related to Iranian transactions or Iranian party(ies). From a contractual perspective, this refusal entitles the damaged party(ies) to request for compensation. However, to this aim, a number of assumptions should be first proved, i.e. the existence of a contractual relationship between the parties and the arbitration institution, the occurrence of damage and non-existence of an uncontrollable impediment (such as restrictions imposed by international sanctions). Moreover, considering the nature of services provided by arbitration institutions, the non-contractual liability of these institutions, as well as the possibility of violating the European Non-discrimination Law, are other important issues to be examined. In the present research project, the liability of arbitration institutions for providing services to users and the possibility of reimbursing the damages arising out of refusal to provide such services are discussed. The findings of the research project confirm the possibility of reimbursing the damages by aggrieved parties.https://jplr.atu.ac.ir/article_8997_10633acb2d4ac840868605b36af2448f.pdfinternational commercial arbitrationarbitration institutioncontractual liabilitydamage compensationinternational sanctions |
| spellingShingle | Oveis Rezvanian Legal liability of arbitration institutions arising from refusal to administer referred cases Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī international commercial arbitration arbitration institution contractual liability damage compensation international sanctions |
| title | Legal liability of arbitration institutions arising from refusal to administer referred cases |
| title_full | Legal liability of arbitration institutions arising from refusal to administer referred cases |
| title_fullStr | Legal liability of arbitration institutions arising from refusal to administer referred cases |
| title_full_unstemmed | Legal liability of arbitration institutions arising from refusal to administer referred cases |
| title_short | Legal liability of arbitration institutions arising from refusal to administer referred cases |
| title_sort | legal liability of arbitration institutions arising from refusal to administer referred cases |
| topic | international commercial arbitration arbitration institution contractual liability damage compensation international sanctions |
| url | https://jplr.atu.ac.ir/article_8997_10633acb2d4ac840868605b36af2448f.pdf |
| work_keys_str_mv | AT oveisrezvanian legalliabilityofarbitrationinstitutionsarisingfromrefusaltoadministerreferredcases |