Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Arbitration and dispute resolution in contracts

Arbitration and dispute resolution in contracts

The dispute resolution clause should not be written at the end of the contract in a formal manner. The choice of court, arbitration or multi-stage mechanism can directly affect the cost, time and method of investigation.

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Arbitration and dispute resolution in contracts

The dispute resolution clause should not be written at the end of the contract in a formal manner. The choice of court, arbitration or multi-stage mechanism can directly affect the cost, time and method of investigation.

Practical point: In the arbitration condition, the subject of the disputes covered by arbitration, The method of selecting the arbitrator, The duration and mechanism for replacing the arbitrator should be as clear as possible.

Important points in contract review

Point 1

Full text of the contract, Related annexes and conditions

Point 2

Date of creation of the obligation, Deadline for execution and documents of its fulfillment or non-fulfillment

Point 3

Correspondence, Messages, Statements, Payment Receipts and Delivery Documents

Point 4

Guarantees, agreed contractual penalty, Termination clause or dispute resolution clause

Legal review of documents and disputes related to arbitration and dispute resolution in contracts

Importance of a careful contract review

The legal title of the dispute must be selected based on the actual text of the contract and documents. The apparent similarity of two cases does not mean that their solution is the same; especially in matters such as termination,, invalidity, of the obligation to fulfill an obligation and claiming damages.

Related topics

interpretation of disputed contract terms under Iranian law

Analysis of ambiguous clauses, The relationship of terms and identifying the legal effects of contract terms.

contractor–employer agreement and dispute under Iranian law

Subject matter, Status report, Delivery, Delay, Guarantee of good performance and disputes between the employer and the contractor.

partnership and investment agreement under Iranian law

Contribution, Management, Profit and loss, Reporting, Guarantee and exit mechanism.

  • Iranian Civil Code («قانون مدنی»)

  • Iranian Code of Civil Procedure («قانون آیین دادرسی دادگاه‌های عمومی و انقلاب در امور مدنی»)

  • Iranian International Commercial Arbitration Act («قانون داوری تجاری بین‌المللی»)

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

The stipulationarbitration is an agreement that entrusts the resolution of all or part of the dispute to an arbitrator or arbitrators. The subject of the dispute, the method of selecting the arbitrator, the duration and limits of the authority must be clear.
The way to proceed depends on the text of the arbitration clause and the governing regulations. In some cases, there is a legal mechanism for appointing or replacing the arbitrator, and the contract must be carefully examined.
There is no single answer. The type of contract, technical complexity, cost, speed, the ability to enforce the judgment and the need for immediate action determine which mechanism is most appropriate.

Methods of contact

Contact us for advice and follow-up of the case through the following ways

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