Procedural Effects of Friendly Negotiation Clause on Access to Justice Right

In some contracts, the clause of amicable or friendly negotiation is written as a preliminary solution to the dispute when the parties of those contracts determining the binding methods for resolving the dispute. Of course, when the negotiation and the dispute resolution is failed, the jurisdiction of the court or arbitration, can take its jurisdiction over the case. The problem is where that while the process of negotiations did not taken place and the parties referred the case to court or arbitration; in this situation, the question arises as to whether the existence of a friendly negotiation clause is an obstacle to the judicial or arbitral proceedings. In this article, on the occasion of the judgment issued by Branch 141 of the Tehran Court of Law (Specialized Complex for Commercial Disputes), in which a Court decision of non-hearing the claim was issued due to the lack of friendly negotiations. The Procedural effects of the clause of friendly negotiation on the right to sue and the issuance of a non-hearing decision have been criticized and alternative solutions have been proposed according to the economic analysis of the law.