General Provisions

Article 1- Definitions and interpretation rules
The definitions of the terms used in this Act are as follows:

a- “Arbitration” means the settlement of disputes between litigants out of court by mutually agreed natural or legal persons and or appointed ones.

b- “International  arbitration” is when one of the parties is not Iranian national under Iranian law in the time of conclusion of the arbitration agreement.

c- “Arbitration agreement” is an agreement concluded between parties, under which, all or some of the disputes arisen or may be arisen, concerning one or more certain legal relations whether contractual or uncontractual to be referred to arbitration. Arbitration agreement may be included in the contract as an arbitration clause and/or be as a separate contract.

d- “Arbitration” means a sole arbitrator or panel of arbitration.

e- “Court” in this Act means one of  the judicial organization courts of the  Islamic Republic of Iran.

f- When it is referred to the agreement between parties or the agreement to be concluded later in this Act, it will be subject to the arbitration provisions specified in that agreement.

Article 2- Scope of application
1-      The arbitration of disputes in international commercial relations, whether purchase and sale of goods and services, transportation, insurance, financial affairs, services, investment, technical assistances, agency, commission agency, contract work and simitar activities, shall be done under to provisions of this Act.

2-      All persons who have competence to lodge a complaint, may refer their international commercial disputes to arbitration under the provisions of this Act, whether it is raised before legal authorities or not, and in case of reference at any stages, by mutual agreement.

Article 3- Service of papers and notices
 If an agreement is not concluded between parties, concerning procedure and authority of the service of papers in relation of papers in relation to arbitration, it shall be acted through one of the following ways:

a- In institutional arbitration, service procedure and authority shall be in accordance with the provisions of that institution.

b- The arbitrator may directly determine service procedure and authority, and accordingly he dispatches the arbitration papers for parties.

c- Arbitration applicant may dispatch the request for arbitration to the other party by registered mail, facsimile, telex, telegram, declaration and similar things, when such a request is served that:

1-      Its receipt to addressee is confirmed,

2-      The addressee has taken an action under the provisions of the request,

3-      The addressee has negatively or positively given an appropriate reply,

Article 4- Commencement of arbitration proceeding
 a- The arbitration proceeding id commenced when the request for arbitration has been served to the addressee or respondent of the arbitration under the provisions of the article (…) of this Act, unless the parties have agreed otherwise.

b-Unless it has been agreed otherwise, the request for arbitration shall include the following points:

1-      The reguest for  reference of dispute to arbitration.

2-      Names and addresses of the parties.

3-      Expression of claim and relief sought.

4-      Arbitration clause and/or arbitration agreement.

The request for arbitration may include some information about the number of arbitrators and the way of their appointment as set out in part (3) of this Act and as well may have some information about contracts, agreement and events which have caused disputes.

 Article 5- Withdrawal of the right to object 
 If each one of the parties wants to continue arbitration with  knowledge of disregarding unimperative  rules of this Act and the departable arbitration agreement conditions and he does not raise his objection immediately and/or in the respite for this putpose, it shall be considered that he has withdrawn the objection right.

Article 6- Supervisory authority
 1-      Discharging the duties mentioned in article (9) clauses (3) and (4), article (11) clause (3), article (13) clause (1), article (14), clause (3), article (16) article (…) and article (35) are vested in the general court located in the center of province which is the arbitration seat, and until the arbitration seat is not determined, it shall be in the responsibility of Tehran general court.

In this cases the court decisions are final and unobjectionable
2-      In institutional arbitrations discharging the duties mentioned in clauses (2), (3) article (1) clause (3), article (13) and clause (1) , article (14) shall be vested in respective arbitral institution.