Examining independence in the victory of the referee(checking the condition of independence in arbitration

The occurrence of international disputes between governments or their nationals is more than anything the result of the lack of a single legislator in the international community. In the not-so distant past, these disputes were mainly resolved by resorting to force. However, following the theories expressed by jurists, especially Drago's theory, and then the prohibition of war in international relations, especially in the framework of the United Nations, the peaceful settlement of international disputes became especially important. The settlement of international disputes between governments is based on this fundamental principle that international arbitration and judicial courts will have jurisdiction only if the parties to express their will and express their consent. This principle prevails in all areas where governments are parties to legal disputes. Govermments usually express their satisfaction in two ways to refer claims to legal methods of settling claims have. Some time before the dispute arises, the parties commit themselves in the form of a treaty that any or some problems Refer possible future disputes between them to international arbitration. Sometimes, after a dispute or need arises To solve it, the parties to the dispute come to the conclusion that they will refer their dispute to arbitration and in the format A treaty, they write their agreements . Referral of dispute to arbitration in two independent forms and arbitration clause takes place, the arbitration clause is included in the contract when there is no dispute and the parties to the dispute They refer the future and potential to the referee. In the present research, the issue of independence of the arbitration clause and its dimensions . It will be investigated. In the first chapter of this study, we discuss the interpretation of arbitration, and in the second chapter, the issue of the independence of the arbitration clause is stated and in the final chapter, we will deal with the independence of the arbitration clause in international law and Iranian law.

کلیدواژه ها:

international law ، arbitration ، independence of the arbitration clause ، Iranian law international commercial arbitration law