The Validity of the New York Convention in Iran's International Commercial Arbitration and the Arbitration Agreement with an Emphasis on the Commercial Concept

Document Type : Original Article

Authors
Ali Babapour Hamrahloo 1
Pouya Banihashem 2
1 Master of Science in Private Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran (Corresponding Author)
2 Master of Science in Private Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran
10.22034/lc.2025.562801.1720
Abstract
New York Convention is the cornerstone of international arbitration strength and the most important legal tool in International Commercial Arbitration. Creating a multiple atmosphere will be exerted on the strength of Commercial Condition under Clause 3 of Article 1 stating that every government will be considered commercial against contracting countries concerning the disputes arising from legal relations, contractual or non-contractual, in conformity to the internal laws of the declaring government. This article will examine the implementation regime of the convention despite the trade restriction clause and the problems that arise from it and provide solutions that can prevent the impact on arbitration in Iran and increase its power of influence. In an attempt to investigate the attributability of New York Convention in Iranian domestic law in order to elaborate on the power of the convention in realizing its objectives, this paper strives to study the original resources, Laws of New York Convention and Iranian International Commercial Arbitration through library research and analytical methods.
Keywords
Arbitration
Commercial Condition
Legal Relations
New York Convention
Arbitration Agreement

Subjects