Objections with Temporary Impediment Effect in International Commercial Arbitration

Document Type: Original Article

Authors

1 Department of Law, Faculty of Humanities Science, University of Isfahan, Isfahan, Iran

2 Department of Law, Faculty of Humanities Science, Shiraz University, Shiraz, Iran

Abstract

Commercial disputes in the international area are basically settled through arbitration mechanism. In the course of arbitration, as a suitable and reliable authority for resolving commercial disputes, the issue of objections as a form of parties’ defense is introduced. Objections in terms of the impacts they might have on arbitration process could be categorized into the objections with the effect of permanent and temporary impediment (to the proceedings). Although most applicable governing laws on objections are among the supplementary rules and considering them depends on expressing consent by the party or parties in dispute as the case may be, however some of the objections are mandatory provisions and are related to the public policy. Despite the fact that the Iranian Law on International Commercial Arbitration in its part is regarded as a commendable evolution in the international commercial arena, since it has not elucidated the issue of objections and merely has discussed its totality, leads it to encounter a fundamental gap. The study proceed with objections with temporary impediment effect and arbiters decisions by considering parties can what objections proposed and what are their effects in international commercial arbitration

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