Amir Rezaii zadeh; AmirAbass Bozorgmehr
Volume 10, Issue 4 , March 2023
Abstract
In the latest dispute resolution model recently implemented in the Ministry of Petroleum, several dispute resolution methods are combined as a precondition for arbitration, and referral ...
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In the latest dispute resolution model recently implemented in the Ministry of Petroleum, several dispute resolution methods are combined as a precondition for arbitration, and referral to arbitration and finally the judiciary is the last resort. The purpose of using this model is to reduce dispute resolution costs and relatively high satisfaction with it. This method is largely unknown in Iranian law and its legal practice is ambiguous. In this research, the nature and effects of using this method of dispute resolution in the Iran-Iraq Chamber of Commerce were studied analytically-descriptively. There is a large volume of dispute between the two countries. It was concluded that if the parties agree to use this method of dispute resolution, it can be considered correct in the legal framework. However, if there is no will to choose it, according to the administrative rules of the Chamber of Commerce, it can not be considered as a mandatory method of resolving disputes, because the principle of arbitration in the Chamber of Commerce is not mandatory. If the relevant regulations are amended and this method is forced to be used, the level of satisfaction with resolving the dispute between the Iran-Iraq Chamber of Commerce can be considered high.
