A Comparative Analysis of Setting aside the Arbitration awards of International Commercial Cases: A Case study of Iranian and Chinese Acts

Abstract

Raising controversies in commercial and economy contracts within international arena has always overwhelmed the two parties of them; which is prolonged through procedures taken by Internal Forums. As a legal institute, arbitration plays a vital role in betterment of such situation through catalyzing the process by putting a faster end to the case and offering a simpler route. As a county with great number of commercial and economic relations with other countries of the world, China is considered as a country which has a significant role in International commercial system and Iran is not an exception to these countries. Commercial relations between Iran and China can be potential of some probable controversies and so an investigation into solutions to such controversies can be of great importance too. Aim of the present study is to investigate setting aside the arbitration in international commercial cases in Iranian and Chinese rules. After making an investigation of rules between the two countries, it can be concluded that there is no big difference between procedures employed by them in setting aside the arbitration though there are some disagreement about some rules. Thus, a true conceptualization of different dimensions of rules of setting aside arbitration in rules of these two countries can pave the way to solve many probable problems.