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Ali Moslehi Assistant Professor, Tehran University  During the second half of this century, international commercial arbitration has been increasingly successful among international traders as an alternative to national courts for the settlement of disputes. Parties to international contracts often include an arbitration clause in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. The arbitration clause inserted in the contract between parties is the normal means by which the jurisdiction of a specific international teibunal is created. Since the arbitration is a matter of contract and not of law, the jurisdiction of an arbitrator is contractually guaranteed by the parties. Therefore the arbitration clause is very important. Today, in a great number of countries, there is a marked tendency to view the arbitration clause as independent from the main contract.

Keywords: Arbitration, Arbitration Clause, Main contract, Validity of the Contract

     

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