نوع مقاله : علمی پژوهشی
1 استاد دانشکدهٔ حقوق و علوم سیاسی دانشگاه تهران
2 دانشجوی دکتری حقوق بینالملل دانشکدة حقوقوعلومسیاسی دانشگاه تهران
عنوان مقاله [English]
International commercial arbitration is considered as the fulcrum and enforcing tool of international commercial transactions. The efficiency of this mechanism brings relief for business partners and foreign investors. Unfortunately, the challenges of sanctions and the concerns about the consequences of their breach have affected the active arbitral actors such as the parties to the dispute, arbitrators and arbitral institutions. Managing these situations is only conceivable by marking the details and phrases of each sanctions regime.
Reaching a realistic and logical solution which would guide us to learn the impacts of sanctions on arbitration is one of the vital needs of the international system, especially the governing legal system. Considering the necessity of this issue –especially for Iran- the main question here is the approach to be used to manage these legal challenges that the arbitral actors face every day, so that the rights of everyone involved can be preserved. This research, using the descriptive-analytic method, strives to clarify the legal challenges of sanctions for international commercial arbitration through doctrine and jurisprudence.