Legal Research Quarterly

Legal Research Quarterly

Aspects of Arbitrator's Contract

Document Type : Original Article

Authors
1 Islamic azad University, Shiraz Branch
2 Islamic Azad University
Abstract
The establishment of the obligation to resolve a dispute by the arbitrator requires the declaration of his will and acceptance. The acceptance of this obligation by the arbitrator creates a contractual relationship between the arbitrator and the parties to dispute. From the view point of law of obligations this relationship includes some aspects which have been less considered at least in Iranian law due to some legal ambiguities. The present study by answering questions like: whether this contract is in the form of a mutual interest contract or a bare contract, whether an agreement is necessary or the parties can terminate it at any time, whether the contract with the arbitrator is a personal contract or it does not depend on the parties, and finally, whether this contractual relationship is among conditional contracts or a contingent contract, applies the library method to seek an analysis of some aspects of the contract with the arbitrator
Keywords
Subjects

27. Born, Gary B, (2015), International Arbitration: Law and Practice, 2nd edition, Wolters Kluwer, 2015.
28. Frank, Susan. D, "The Liability of International Arbitrators: Comparative Analysis and Proposal for Qualified Immunity", New York Journal of International and Comparative Law, 2000, Vol. 20, No. 1.
29. Greenberg, Simon, Kee, Christopher and Weeramantry, J. Romesh, International Commercial Arbitration, An Asia-Pacific Perspective, Cambridge: Cambridge University Press, 2011.
30. Lionnet, Klaus, (1999), "The Arbitrator's Contract", Arbitration International, 1999, Vol. 15, No. 2.
31. Mehren, Von, Concluding Remarks, in ICC (ed.), The Status of Arbitrator, 1995.
32. Onyema, Emilia, International Commercial Arbitration and Arbitrator's Contract, London: Routledge, 2010.
33. Sutton, David St. John, Gill, Judith and Gearing, Matthew, Russell on Arbitration, London: Sweet & Maxwell, 2017.
34. Turner, Ray, Arbitration Awards: A Practical Approach, Wiley-Blackwell, 2005.
 

  • Receive Date 11 June 2019
  • Revise Date 12 January 2020
  • Accept Date 18 January 2020