نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This article examines the choice of law governing international contracts without specifying a dispute resolution authority in Iranian law. With the expansion of commercial relations and the complexities associated with it, fair dispute resolution, especially in international transactions, has gained special importance. In this article, the method of determining the governing law in the absence of an explicit agreement between the parties on the dispute resolution authority and the domestic laws of Iran and international arbitration law, as well as the arbitration and judicial procedures of various countries such as England, Sweden and Singapore, are analyzed. The results show that in Iranian law, Article 968 of the Civil Code is the main rule for determining the law governing obligations arising from contracts, and in the discussion of international arbitration, Article 27 of the International Commercial Arbitration Law is the dominant one, but there are different interpretations of these articles. Whether the aforementioned article in the Civil Code is supplementary or mandatory, whether it has a contrary meaning, or whether the arbitration law has implicitly repealed it or not, or whether it has the ability to repeal it in principle? And also a brief review of the theory of depsage (multiplicity of governing laws) in Iranian international arbitration, which considers legal principles and rules as valid and valid governing law, is it acceptable or not?The present research has analyzed the theoretical and practical foundations in determining the governing law of contracts in the absence of a dispute resolution authority, which is the initial inference from its laws, which is acceptable in arbitration and unacceptable in judicial authorities. Another purpose of the author of the present article is whether, by considering the above theory as preferable, it is possible to infer the implicit agreement of the parties to arbitration from the agreement of the parties on the governing law?To determine the governing law in the event of the parties' silence, various criteria such as the law of the place of conclusion of the contract, the place of performance of the contract, the law of the seat of arbitration, and the law governing the main contract can be effective in this process. And finally, by providing suggestions for improving the current situation and paying attention to the experiences of different countries, the article attempts to Provide practical and useful solutions to solve these challenges.
کلیدواژهها English
