چکیده:
For a long time, the English arbitration system faced serious obstacles, including judicial intervention by courts. Finally, after several reforms to the Arbitration Acts of 1950 and 1979, it has received more attention in the Arbitration Act of 1996 by removing many previous obstacles and problems and creating facilities for international arbitration. In drafting the law, the English legislator insisted on not being influenced by the Model Law; however, the multitude of similarities between the Model Law and the English Arbitration Act suggests a different judgment. The Iranian International Commercial Arbitration Law has considered the UNCITRAL Model Law as its primary reference while simultaneously adapting it to Iran's domestic conditions. The temporal proximity of the enactment of the Iranian International Commercial Arbitration Law to the English Arbitration Act of 1996 strengthens the suspicion of the influence of the English Arbitration Act on the Iranian Arbitration Law. Perhaps with a little leniency, one can conclude that both laws are adapted from the Model Law, even though English jurists insist on the originality of their own arbitration law.
خلاصه ماشینی:
The issue of service and timely and correct notification is of such importance that the enforcement mechanism for non-compliance with regulations regarding service is the annulment of the award; "Article 33, Clause 1(c)" regarding the subject of serving documents, notices, and the award in the Iranian International Commercial Arbitration Law and the UK 1996 Act, which are provided for, have similarities to each other, such that in Article 3 of the International Commercial Arbitration Law and Section 76 of the 1996 Act, the authority to determine the method of service to the parties is granted.
The Iranian International Commercial Arbitration Law of 1376, in clauses 1 to 4 of Article 30, is an exact adopter of such matters, which are repeated and expressed with slight differences from the provisions of part fifty-two of the British Arbitration Act. The similarity between the regulations of the two laws is such that in both, the possibility of the disputing parties agreeing to not specify the reasons in the arbitrators' award, or the issuance of an award based on mutually agreeable terms, is provided.
Section 46(2) of the English Arbitration Act 1996 and Clause 2 of Article 27 of the Iranian International Commercial Arbitration Law all stipulate that if the parties do not choose the governing law, the arbitral tribunal will determine the applicable law by referring to the rules of legal choice that identify them as applicable.
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