Volume 8, Issue 20 (2005)                   IQBQ 2005, 8(20): 105-132 | Back to browse issues page

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Zarkalam S. The Descrimination of the Pre-Arbitral Institutions From the Arbitral One In the International Constructon contracts. IQBQ. 2005; 8 (20) :105-132
URL: http://clr.modares.ac.ir/article-20-5954-en.html
Tehran -the law Department Shahed University
Abstract:   (8874 Views)
It is a longtime that arbitration has been recognized as an impressive disagreement resolution in the international contracts. However, because of the absolutely technical features of some contracts, for example international construction contract, and also necessity of their issue completion in a determined time, the arbitral institution cannot fulFill what they ask for, especially conventional requests or anticipations. Therefore, after 1957, the international organizations and institutions, active in the domain of international construction contracts, including international federation of consulting engineers (FIDIC): Fédération International Des Ingénieurs Conseils), recommend a number of the typical contracts which, via the pre-arbitral institutions, forecast the resolution of the probable disagreements between master and contractors. These institutions have two notable and leading features: first, the persons who are delegates of disagreement resolution, are essentially engineers or experts on the subject of the argued contract; and second, their will and decisions are indispensable- binding though the possibility of complaint against their decisions exists in arbitral court or courts. In this research, after a brief presentation of pre-arbitral institutions, we proceed to distinguish them form arbitral institutions and finally, we consider and analyzed the effects of pre-arbitral involving stipulations on the both parties' right to call on the arbitration.
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Received: 2003/08/27 | Accepted: 2004/09/20 | Published: 2005/02/19

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