Interpretation of The Compulsory Arbitration Clause

• Published in: Faṣlnāmah-i pizhūhish-i ḥuqūq-i khuṣūṣī Vol. 9; no. 32; pp. 53 - 81
• Main Authors: omid rashidi, Eisa amini, rabia eskini
• Format: Journal Article
• Language: Persian
• Published: Allameh Tabataba'i University Press 01.09.2020
• Subjects: arbitration; arbitration clause; compulsory arbitration; interpretation of contract; voluntary arbitration
• ISSN: 2345-3583; 2476-6232
• DOI: 10.22054/jplr.2020.40179.2138

Totally Arbitration is divided to Voluntary Arbitration Clause and Compulsory Arbitration Clause. Arbitration Clause as a rule Has Contractual Nature .If The Content Of Arbitration Clause For The Reason Ambiguity Has Been Needed To The Interpretation And Arbitrator To Intended Detection Of Common Intention Of The Parties ,Having No Alternative Must To Interpret Of The Content Of Arbitration Clause ,Upon The Principles And Rules of Interpretation Of Contract .But Legislator In Some Cases Imposed On Will Of The Parties Of Contract ,Accepted Of The Arbitration Clause Or Referring Of Claims To The Jurisdiction Of Arbitral Tribunal And Contractual Nature Of Arbitration Clause Has Been Extinguished Or Limitation .In These Cases If Content Of The Arbitration Clause Faced With Ambiguity And Necessitate Of Interpretation, Arbitrator Must Intended To Detection Of The Legislator Will ,Upon The Principles And Rules of Interpretation Of statutes And Discussion Of Detection Of Natural Will And Common Intention Is Ceased .In This Article Interim Of Making Clear Nature And Criterion Of Distinction Of The Compulsory Arbitration Clause ,Causes And Grounds Of Independent Arbitration Clause Necessity From Basic Contract Present By Application Analysis And State Of Some Cases In The Law Of Iran.