جستجوی مقالات مرتبط با کلیدواژه « Dispute » در نشریات گروه « فقه و حقوق »

Arbitration is common in foreign investment dispute resolution, but there is no consensus on using arbitration as regard as foreign investors, because there are foreign elements. Dispute resolution of international issues such as foreign investment is most of the often according to the rules of international documents and arbitration is one them. In Iran law there are some challenges on using arbitration for dispute resolution because of exclusions of 139 principle of Constitutional Act. But in International issues, arbitrationn is eminent. One of the most important documents is The Washington Convention acted 1965 that regards the arbitration as one of the methods of dispute resolution on foreign investment. As of finance for Progress and development it is possible to rethink about foreign investment and arbitration is one of the best ways of dispute resolution that has the least cost and the most rate and high efficiency. So, by an international approach to the issue, we try to remove the defects and make this method of dispute resolution on foreign investment eminent in Iran.

Dispute,the subject of the proceeding( The Critique and analysis of the Binding precedent No.719,Rendered by the General Board of the supreme court)Shahab kiayee 1Abstract:Due to the unsustainable of the concept of litigation in civil proceedings,a complete definition of civil litigation and its constituent elements has not been provided .Nowadys,the subject of civil proceedings is nothing but the dispute of the parties to the proceedings and the dispute can be based on the quarrel of the parties or not.as a result,the dispute does not mean that the parties do not agree on a single subject and in fact,it means an in rights uncertaninty which terminaite the by intervention of the court.As a result,it is possible in some cases the parties agree on a single subject but there may be dispute in some conditions or on the contrary,it is possible do not agree on the dispute subject of,but with the intervention of a judge in an absentee and judicial end their situation uncertainty of right. Key words: dispute_litigation_the subject of the proceeding_judicial proceedingPh.D in private law,university of Tehran _lawyerEmail : [email protected]

The increase of sanctions during the last two decades, especially unilateral sanctions, has created numerous legal issues, especially in contractual disputes before national courts. This question is raised, what effect do sanctions imposed by the country or an institution other than the country where the court is located have on the applicable laws and contractual obligations raised in the process of dealing with contractual disputes before that court? It is clear that the court located in the sanctioning country take into consideration the sanctions imposed by that country. In such a case and in case of conflict of sanctions with the rights and obligations of the litigants, the court will adhere to those sanctions in its final ruling. Now, can this court consider the sanctions imposed by third countries and institutions in the process of describing, interpreting and applying legal and contractual obligations? Therefore, in this article, the judicial practice of the UK’s courts in facing the issue of sanctions with foreign origin was evaluated. Finally, it became clear that legal procedure in this field in Britain is not unified; In some cases, the court ruled based on considerations related to UK foreign policy, and the sanctions of the third government were given effect, but in other cases, the sanctions were not given effect regardless of these considerations.

Financial institutions in the capital market are related to other components of this market or among their elements based on laws and regulations. Violation of these laws and regulations causes anomalies in the system that governs them, which can lead to crimes or violations and lead to legal prosecution and, accordingly, punishment and disciplinary punishments. Sometimes, disputes may arise between the elements of financial institutions in relation to each other or third parties, which are not necessarily caused by the violation of criminal regulations, but harm their order and efficiency. Anyway, in order to guarantee the rights of investors and regulate the relations of their other components, in addition to the set of rules and regulations, the guarantee of judicial and quasi-judicial enforcement is also provided in the laws and regulations. In this article, let's examine the nature of the Stock Exchange Arbitration Board and its position in Iran's judicial system, the limits of its jurisdiction, the ability to protest votes, and the possibility of requiring the issuance of a warrant if necessary conditions are provided.

Subject: Dispute and indivisible verdict with an overview on Judicial precedent Abstract: In the Iranian legal system, like any other legal system, a dispute has many varied divisions. Division of disputes could include financial and non-financial, in personam (Personal action) and in rem, ancillary and the main, intial and appeal and movable and immovable property disputes.Among other divisions, disputes are divided into divisible dispute and indivisible dispute, which in some cases overshadows other divisions as well. In Iranian Law, similar to French law, extension of dispute’s effect to a third party in an indivisible dispute is considered, but unlike the French law, the extension takes place upon issuance of the verdict, while in French law, extension’s effect would appear upon filing the claim and each of these two requires separate requirements. In other words, in Iranian law, there is a theory and hypothesis concerning extension of the effects upon issuance of the verdict to the persons against whom an indivisible claim has been filed. This is an issue that in French law raises the need for the presence of stakeholders in the proceedings. This research which has been conducted in the form of library and field (Review of some court verdicts) study, seeks to introduce such disputes with the aim of providing a practical and/or legislative solution to eliminate the resulted obstacles and problems together with the various interpretations that lead to adoption of various procedures.Keywords: Dispute, Verdict, Division, Extension, Profit

Today, investment has a significant impact on countries around the world. Every country makes every effort to attract capital from around the world. However, there is still a big hurdle called mistrust because investors are only looking for huge profits. In order to reach this bilateral agreement, the World Bank for Reconstruction and Development, together with the United Nations Economic Commission for Europe, established the International Center for the Settlement of Oxide Investment Disputes, which significantly reduced disputes. Foreign investors can easily benefit from Oxide services and facilities, such as comprehensive guarantees and full insurance. Either party can refer to the International Center for the Settlement of Disputes Arising from Oxide Investment to resolve disputes between them through compromise or arbitration, which have many advantages, such as: flexibility, retention Secrets, speed of action, no waste of time, money and energy and so on. Methods of resolving disputes arising from foreign investment have their own characteristics. In most foreign investment contracts, the government and government institutions are on one side and the private person on the other. Governments complicate dispute resolution due to their judicial and administrative immunity, and therefore the resolution of such disputes requires appropriate mechanisms. Arbitration is no exception to this rule and its application in cases arising from foreign investment has the same characteristics. In the present article, we try to discuss the position of the arbitration body in resolving investment disputes by descriptive-analytical method.

The case is heard in two or more courts in parallel for various reasons, including the confidentiality of the arbitration process and it is done quickly and at a lower cost. These advantages have led to a serious challenge, which is parallel and multiple handling, which seems to be open to criticism. The arbitration process may be accompanied by another arbitration or simultaneous adjudication in a national or international court. In this article, the authors will explain the subject in a descriptive-analytical manner.Findings and Among the disadvantages of this method are the delay in the proceedings and the increase in costs and the issuance of contradictory verdicts. Parallel litigation can also violate the principle of legal certainty and challenge the validity of arbitration as a form of dispute resolution. The purpose of arbitration is achieved only when it can resolve the dispute between the parties. If, when there is a dispute in the proper examination, a similar or identical claim is under consideration in another arbitral tribunal or there is a possibility that it will be presented in another court, the arbitral tribunal has failed to fulfill its purpose and mission.

In most cases before the International Court of Justice (ICJ), the respondents in accordance with the Rules of Court, raise a preliminary objection to the jurisdiction of the Court, the admissibility of the application or other objections. Upholding a preliminary objection in a particular field prevents the Court from exercising its jurisdiction in that field.“Non-existence of dispute” has been one of the most important grounds for preliminary objections to the jurisdiction of the International Court of Justice from the past to the present. Accordingly, the respondent claims that, essentially, there is no dispute between parties in the case at hand. This article examines definition, importance, nature, and requirements of “dispute”. Then the basics of the existence of dispute will be discussed, such as the subject-matter of the dispute (real dispute), its relevance with parties, its determination and objectivity, concurrence and awareness requirements, prohibition of increasing and changing the dispute, threshold of existence of dispute and the burden of proof, in the light of Articles (79), (79bis) and (79ter) of the Rules of Court, its Statute and judicial procedure.

Intellectual achievements of humans have been found important place in today world. In early times, law tried to protect the tangible properties but, human’s intangible properties have been increasing high place todays. If these filed claims have foreign factors, it includes in the private international law field and it had been discussed in the legal doctrines so much. International doctrines study this matter in the recent years. This article tries to study different approaches proposed in these documents. One of the approaches proposes that in the certain situations court should refuse the jurisdiction to the claim because of forum non convenience and lack of sufficient connecting factor. However the latest approach recommends that jurisdiction disputes between states should settle with international cooperation and considering other state courts. Role of the sovereignty has been less historically. So, it seems that the second approach is more desiring to the individualism and legal method (contrast to the dogmatic method) has obtained increasing place in the codification of regulation of court’s jurisdiction in the sphere of intellectual property.

In today\'s society, contracts as a pre-sale or pre-purchase of a building have become very popular, having a significant share of real estate transactions. The pre-sale law is a special law. Adjust the relationships between the parties to this contract. Adhere to any pre-sale contract, in any form or title provided for by this law, identify the persons who may pre-sell the building, as well as compulsory arbitration, including the principal provisions of the law. The lawmaker will handle disputes arising out of the pre-sale contract the three-member panel of judges has been selected by the parties. Judges should normally be selected by the parties and they must act on the basis of law and contract (code of conduct). Due to the increase in the share of apartments in recent years, along with the decline, Customers\' purchasing power of building pre-sale contracts has grown tremendously, with increased housing pre-sale contracts and related litigation also seeing significant growth. Under the terms of the pre-sale law, the law can prevent these issues. Pre-sale of buildings a long time ago because it was right It had created new problems and therefore the need to amend the law was strongly felt. It is forbidden to sell buildings and flats without formal regulation. He will be treated in accordance with the law.

The arbitral institution is one of the entities that determine responsibility. An arbitral institution shall be considered to be an international organization that has international legal personality and, therefore, commits an internationally wrongful act and has international responsibility and for the breach of its international obligations that attributable to it. One of the obligations of the arbitral institution is the obligation to accept arbitration requests. so that these organizations, by generally announcing their arbitration rules, declare their willingness to accept international disputes, and the contracting parties, with the confidence of this fact, will opine them as settlement body for disputes arising from the contract. The refusal of the arbitral organization to accept arbitration requests often deprived the injured party for the right to access to justice. Because, except by agreement of the parties to the dispute, there is no possibility of resorting to the alternative to the settlement of the dispute, and the injured party will probably not be repaired. This refusal, which breaches the obligations of the arbitral institution, gives rise to responsibility.

The labour procedure system in Iran is based on the consideration of special or quasi-judicial authorities to the differences between the labourer and the employer, and the structure and competence of these institutions are explained in Articles 157 to 166 of the Labour Code and the Rules of Procedure of Labour, approved in 2012. Based on the above legal standards, the settlement of labourer and employer disputes in the legal system of Iran takes place within the framework of three institutions of reconciliation, the Delegation of Delegation and the Dispute Resolution Board, and the organization of these three main institutions also follows the common principles governing labour proceedings, including the principle The simple consideration of the lack of formalities and the participation of the parties in the relationship of work in the formation of these references has been carried out. However, by studying the documents of the International Labour Organization and an comprative approach to the structure and jurisdiction of labour courts in Iran and the world, it can be seen that the labour system in Iran has important legal deficiencies due to its structure, jurisdiction and treatment, which is the lack of The full realization of structural autonomy, the lack of general jurisdiction, the conflict of jurisdiction with other specific authorities, the failure to comply with the standards of civil procedure, and the non-compliance of the structure and jurisdiction of the competent authorities with the principles of fair trial and the principles of labour law, among the most important examples are the number they are going.

The International Court of Justice delivered its Judgment on 5 October 2016 in the case of Marshall Islands versus the United Kingdom, India and Pakistan, finding that, lacking jurisdiction, it cannot proceed to the merits of the case. The decision of the Court in the Marshall Islands versus the United Kingdom which is taken with casting vote of the president of the Court has a sui generis character, reflecting the new “judicial policy” of the ICJ towards the concept of “dispute”. In fact, the evolution of the jurisprudence of the Court has been the result of the ongoing change in the history of the Court’s jurisprudence. Indeed, the ICJ changes the content and the scope of legal concepts in order to adopt them with “realpolitik” of the time. By recourse to the legal formalism, the International Court of Justice in the Marshall Islands case, firstly, restrained the scope of “dispute”, and secondly, by creating the criteria of awareness as a prior procedure, formalized the concept of “dispute” in order to manage its “judicial policy” having already faced with the political matter.

in the three judgments rendered by the ICJ on 5 October 2016 in cases between the Marshall Islands and the nine States possessing nuclear weapons, the ICJ arguing that " a dispute exists when it is demonstrated, on the basis of the evidence, that the respondent was aware, or could not have been unaware, that its views were “positively opposed” by the applicant", concluded that it cannot be said, based on the evidences presented to him, that the United Kingdom was aware, or could not have been unaware, that the Marshall Islands was making an allegation that the it was in breach of its obligations. Therefore the Court concluded that the first preliminary objection made by the United Kingdom must be upheld and, consequently, the Court does not have jurisdiction under Article 36, paragraph 2, of its Statute. This is the first time that the Court has expressly mentioned the "criterion of awareness" and examines in its light the defendant's objection. The question is whether this approach in line with the case-law of the Court? The judges of Minority respond negatively, and consider it a dangerous innovation. We cannot share this point of view since a similar approach has been adopted by the Court in these recent decisions. However, it is not sure that this approach would be consistent with the principal of the sound administration of Justice.

Referring the dispute to arbitration is done in two ways: independent contract and arbitration clause. An arbitration clause is included in the contract when there is still no controversy and parties will refer their possible future potential disputes to the arbitration. Arbitration clause is generally considered as a stipulation in contract. But the point that whether the arbitration clause has the potential of being the subject of stipulation in contract or not is the topic of this study and also finding that if it has such a feature in which divisions will that stipulation in contract be placed. These issues will study from the stand point of judicial precedent. The importance of this issue is that depending on the legal nature of the arbitration clause, its legal effects will be different. In this regard, by analyzing the concept of an arbitration clause, the views in this area and in particular with analyzing the important principle of the independence of the arbitration clause it can be assumed that despite the fact that the arbitration clause can be construed in terms of each of the conditions of the performance and result, however, since the arbitration clause has a direct effect on the denial of the jurisdiction of the court and can be the subject of an independent obligation, it has a special legal nature that it removes the traditional rules of civil law.

Articles 5 and 7-11 of the Civil Procedure Code have been influenced by Islamic jurisprudence. Articles 7-11 did not exist in the previous version of the Civil Procedure Code. In Islamic jurisprudence, these and other issues are regarded as conditions for hearing the dispute. Iranian legislator has, however, treated theses issues as objections and obstacles to hearing the dispute. In the event of lacking these conditions, the dispute cannot be heard and the court must issue an order for not hearing the case. This is contrasted with a declined order. The aim of this article is to examine the conditions for a dispute to be heard in Islamic jurisprudence and compare Iranian Civil Procedure Code with French law.