The Nature of Arbitration Agreement

The base and the root cause of the institution of arbitration in the international and domestic arenas stemmed from the existence of vacuum in the normal and public procedure in the formal existence that led to slow investigation and spending of costs for the state and the two sides of the argument. Thus, in most countries in the world, detailed regulations were approved regarding various types of arbitration and its conditions and effects.

In the domestic arena, arbitration rules with a focus on civil law are considered to be among non-formal contracts and in the international arena, Iranian Law, in line with International Arbitration Law, has considered the arbitration contract to be among formal contracts and emphasizes the necessity of the written arbitration contract; furthermore, in domestic regulations, arbitration agreement is considered as subject to the main contract and in Iranian Law on International Arbitration, autonomy of the arbitration contract from the main contract has been recognized