نوع مقاله : مقاله پژوهشی
1 استادیار گروه حقوق خصوصی، دانشگاه آزاد اسلامی واحد نورآباد ممسنی، نورآباد ممسنی، ایران
2 کارشناس ارشد حقوق خصوصی، دانشگاه آزاد اسلامی واحد نورآباد ممسنی، نورآباد ممسنی، ایران(نویسنده مسئول)
عنوان مقاله [English]
The present aim is study analysis of law governing agreements of uncitral arbitration from the beginning until today with emphasis on French law. The study method of this research was descriptive, analytical and library. International arbitration is a method of resolving international disputes in which the parties refer the dispute to the arbitral tribunal instead of to the judiciary. This is also a very fundamental issue in international commercial arbitration. The findings showed determining applicable law is an independent science and action in the process of disputes resolution initial at the courts. This is a fundamental subject in the international commercial arbitration. In fact determining the legal law evaluation and duties of the are the most important subjects, the most important subject in international arbitration and it is not only important legally but also practically. In this article we are trying to recognize and analysis of law governing agreement of UNCITRAL arbitration from the beginning until today with emphasis on French law and according to Iran and French laws and UNCITRAL example law We must be able to find law governing contract in silence of the law. Findings showed that UNCITRAL example law and international commercial arbitration law of Iran are similar to laws refer to French arbitration mostly and we can say about French federal law, the mashaelei law causes commonediting of French international private law that it is using in the jurisdiction of French courts and law election of parties and imply in other arbitrations and judges.