Document Type : Original Article

Authors

• Khalaf KarimiPoor ¹
• AmirAbass Bozorgmehr ²

¹ PhD student, University of Justice, Private Law.

² گروه حقوق دانشگاه عدالت

Abstract

In the Iran Chamber of Commerce, a special department is responsible for dealing with trade between Iran and Iraq, which is called the "Iran-Iraq Chamber of Commerce." The arbitration process for disputes between businessmen of the two countries is assigned to this institution. The said chamber does not have its own rules and generally conducts the arbitration mechanism by extending the rules of the Chamber of Commerce. In this research, the legal requirements governing this institution have been studied analytically-descriptively based on the views of Imam Khomeini. It was concluded that according to the broad interpretation of the statements and rulings of Imam Khomeini, arbitration between the merchants of the two countries, which have a Muslim majority population, should be done by Muslim arbitration and through mediation. Only if two non-Muslim businessmen are co-religionists will not be barred from electing their co-religionist arbitrator. This dispute resolution procedure should be mandatory and the process should be done in the shortest possible time. There is a need to clarify these issues within the framework of a legal source by formulating the regulations specific to the Iran-Iraq Chamber of Commerce.

Keywords

• Arbitration
• Chamber of Commerce
• Trade Disputes
• Iran-Iraq Relations
• Imam Khomeini