ADR in International Trade Law

Different reasons,such as delaying proceedings,being cost-effective,andcomplacency,alternative methods of resolving international commercial disputes,aremainly considered in international trade law today. In this regard,both internationalhard documents such as the Convention on the Recognition,Enforcement ofForeign Arbitral Awards,international soft documents such as the code of conductof commercial arbitrators have been accepted. These methods are mainly based on theagreement of the parties,at the same time,the result of the work is binding in mostof them. Mediation,conciliation,negotiation,brief proceedings,impartial or quasi-expert assessment are the most important of these methods. Being low-cost,fast,confidential,flexible,open-ended,effective,forward-looking,economical andrespectful,accurate,efficient,non-hostile,simple,informal,dealing with theissue by an expert,etc. are among the main advantages of these methods. It ismentioned. The non-binding decision resulting from the mentioned methods,theinability to refer some claims to alternative methods are also considered as itsweaknesses. In Iranian law,despite the long history of alternative methods,theexistence of regulations regarding compromise,conciliation,referring to thesemethods has not been welcomed by litigants. Referral of disputes to theaforementioned methods is sometimes done in the form of an independent contractand sometimes as a condition included in the main contract. The terms of referencemay contain an optional reference to these methods