specialty journal of politics and law
The Concept and Variants of Arbitrability in Iranian Law
Ardalan Haghpanah, Nejad Ali Almasi
One way to resolve disputes and claims is to refer them to authorities rather than the courts of law. Among these cases, we can refer to arbitration. Although the settlement of disputes by arbitration is one of the effective ways to deal with claims, there are a series of particular disputes and claims that cannot be referred to arbitration or their referral to arbitration might encounter some restrictions. In fact, arbitrability indicates some bans and restrictions that every legal system takes into account to protect special interests. Iranian legislators explicitly prohibit the referral of a series of disputes to arbitration and these cases are not limitative because there are other claims that cannot be referred to arbitration due to their relationship with the general rules and the imperative laws as their proceedings by private judges is against public policy. There are some formalities for a number of claims and a case in point is Article 139 of Iranian Constitution and Article 457 of Civil Procedure which is concerned with the claims about public or state properties. Such claims can be referred to arbitration but there are terms and conditions for this referral such as the approval of the Committee of Ministers and the awareness or the approval of the Parliament. Therefore, in this study, an effort is made to investigate the concept of arbitrability and its variants in Iranian law.