The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education

Abstract

Education is shifting more and more from public goods to private goods. This process starts with State-building of education and then moves towards commercialization and full privatization. Also, the activities of private sector have affected formal and informal education systems in both arenas of educational services and educational provision. The consequence of these changes is presence of different actors and, of course, possible differences between them. Since the geographical scope of commercialization of education is not limited to national borders of a country, the purpose of this article is to examine status and validity of independence of arbitration in Iranian law and international commercial arbitration law with an approach to UNCITRAL arbitration. The present research method is a comparison with documentary approach and data analysis method is re-analysis. The research findings indicated a legal vacuum in the field of education business at both national and international levels for Iranian actors. The research findings also showed that there are similarities between Iranian law and UNCITRAL arbitration regarding status and validity of independence of arbitration condition. In addition, lack of a clear concepts’ definition of "business activity" and "citizenship" are two major differences between Iran law and UNCITRAL law. According to the research findings, Iranian legislators and educational policymakers are encouraged to prepare and approve a separate law on educational business.

Keywords

• educational business
• privatization of education
• trade arbitration
• uncitral arbitration