Investigating the Legal Dimensions of the Registration of Forum Selection Clause in International Contracts in the Iranian Legal System

There is no specific provision in the Iranian legal system for the parties to the agreement in order to appoint a competent court to deal with the disputes. Thus, the issue of the forum selection clause is a newly- emerging phenomenon in the Iranian civil law. The present article has attempted, on the one hand, to maintain the equilibrium and balance of the trade in the business relations, as well as to maintain the balance of the contract on the basis of full compliance with all contractual terms, and provide the existing legal capacity, and the legal arguments and economic analysis in favor of "accepting the condition of the forum selection" due to the necessity of respecting the agreement of the contracting parties; on the other hand, while taking into account such considerations as fairness in support of the weaker party to the contract, the necessity of formal and substantive conditions for the validity of the Jurisdiction clause, as well as some obstacles to the exercise of jurisdiction, including the inevitable requirements of the national sovereignty in the exercise of judicial jurisdiction, it determines the principles and regulations governing the conditions based on its absolute rejection. Finally, while offering legislative suggestions, it has come to the conclusion that in the Iranian legal system, the “requirement of the forum selection” has been conditionally accepted based on the principle of the will sovereignty and the existing legal capacities. “Jurisdiction Clause.”