عنوان مقاله [English]
Determine the arbitrary nature from various aspects is very useful. Definition of arbitration by considering four specifications: being binding, settle the dispute by a third person, being legal and being contractual are preferable as follows: arbitration is legal and enforceable settlement of the available or future dispute by the contract’s parties, by the third person or persons whom are elected by the parties or are appointed by a court or third person. Regarding the nature of arbitration condition some independent condition theories, result condition and the condition of being action are stated, but it should to be mentioned that the first discussion about the acquisition of the will power of the parties is the condition of arbitration. If it is deduced from the contents of arbitration condition whether explicitly or implicitly that the parties’ will and intension implies that by termination of main contract, arbitration condition is cancelled, in this case, there is no doubt about subordinate nature and non-dependence of arbitration condition. In domestic arbitrations, because of the absence of legal precision and in case of finding no will power from the parties, We conclude from the contents of the contract regarding the independence or the dependence of the condition of arbitration and in the attribution state e conclude that the arbitration condition in this manner is a type of independent condition whose nature indicates that the parties agree on the method, manner and the authority of dispute settlement in a contract.