Barriers to the Enforcement of Foreign Arbitral Awards in Iranian Law: Analysis and Reform Proposals
Keywords:
Foreign arbitration, enforcement of arbitral awards, international commercial arbitration law, public order, Iranian law, New York Convention, international judicial cooperationAbstract
Arbitration is considered one of the most important and widely used methods for resolving international commercial disputes. Despite the enactment of the International Commercial Arbitration Act in Iran, numerous obstacles still hinder the enforcement of foreign arbitral awards. These obstacles may arise from legal gaps and ambiguities, inconsistent judicial practices, broad interpretation of the concept of public order, as well as political and economic constraints. This study examines the legal foundations and regulatory framework governing foreign arbitration in Iran, identifies and analyzes the key challenges and obstacles. Additionally, through a comparative study of leading legal systems and international standards, solutions and reform proposals are presented to address the existing deficiencies. These solutions include amending domestic laws, establishing specialized courts for international arbitration disputes, providing a more precise definition of public order, and enhancing international cooperation through accession to or more rigorous implementation of global conventions. Ultimately, the study concludes that overcoming legal and practical barriers in Iran will facilitate foreign trade and investment and significantly strengthen global confidence in the Iranian legal system.
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Copyright (c) 2024 Behzad Mobaraki (Corresponding author)
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