Considration and Analysis of Legal System of Awards in International Commercial Arbitration: A Comparative Study of Iranian Law and the UNCITRAL Arbitration Rules

Abstract

The question and subject of this paper is, recognition the award from other kinds of arbitral decisions and also consider the writing, communicating and impacts of award in International Commercial Arbitration system of Iran and UNCITRAL Arbitration Rules. Since, arbitral tribunal during the process of arbitration, issues various types of decisions, also Because of the legal effects of award is different and distinguished from other ones, so recognition the legal system of arbitratal award is necessary. Regarding this matter that the International Commercial Arbitration act of Iran and its regulations are adapted from UNCITRAL Model Law and also their differences between judicial and arbitral procedures which govern on legal system of issuing award, different types and its impacts, between arbitral regulations which have been ratified in this regard, it can be said that even though these two acts have lots of similarities, there are significant differences between them too. The purpose of this paper is to find the existing similarities and differences of International Commercial Arbitration act of Iran and the rules of the UNCITRAL Arbitration. In this article which has been written in descriptive-analytic method, the authors try to find the criterion of identifying an award from other decisions, its writhing and communicating respectively. Then some suggestions will be submit in order to amendment of International Commercial Arbitration act of Iran

Keywords

• "international commercial arbitration"
• "award"
• " decision"
• "res judicata"
• " uncitral"