Review of the Governing Law in Arbitration Proceedings

The freedom of the parties in this field is extensive, to the extent that their choice is not subject to the constraints of the fundamental principles of governance. Instead, their will must be respected. In case of silence of the parties, it is the arbitrator who decides based on suitable conflict resolution rules. Suitable conflict resolution rules do not necessarily mean that the arbitrator must refer to Iran's rules to determine the governing law. It implies that the arbitrator should have discretion in choosing suitable conflict resolution rules, a prevalent tendency in international commercial arbitration. This research utilizes a descriptive-analytical method, concluding that Iran's legislator, considering the mentioned factors and for the development of Iran's commerce and economy, has enacted the International Commercial Arbitration Law. The methods for determining the governing law like the dispute by arbitrators include various types such as the law of the contracting party's government, the law of the seat of arbitration, the arbitrator's freedom in applying the most suitable legal conflict resolution system, consolidation of conflict resolution systems, application of general conflict of laws principles, direct choice of substantive law, and application of formal commercial law principles, including general legal principles or international commercial customs and usages, or general international law, which will be discussed in this article.

کلیدواژه ها:

Governing Law ، Nature of Dispute ، International Commercial Arbitration ، Iranian Law