نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق تجارت بین الملل و حقوق مالکیت فکری و فضای مجازی، دانشکدە حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Commercial arbitration is one of the most important alternative dispute resolution (ADR) methods in international trade. It is considered a viable alternative to litigation due to its advantages such as the use of expert arbitrators, expedited procedures, and its systematic nature. In this context, two prominent arbitration centers are the Iran Chamber of Commerce, Industries, Mines and Agriculture (ICCIMA) and the Dubai International Arbitration Centre (DIAC). Both centers have recently made significant amendments to their arbitration rules in 2023 and 2022 respectively. A key question that arises in the context of arbitration centers is how effectively they adapt to incorporate emerging technologies and respond to the concerns and requirements of disputing parties. In this regard, a review of recent developments in the rules of the Arbitration Center of Iran Chamber of Commerce, Industries, Mines and Agriculture (ICCIMA) and the Dubai International Arbitration Centre (DIAC) reveals a shared focus on technology-driven approaches and expedited arbitration procedures. However, the DIAC stands out for its notable measures in enhancing predictability of the arbitration process, effective conflict of interest management, explicit exoneration of arbitrators from liability, and the designation of the Dubai International Financial Centre (DIFC) as the default arbitration seat. These advancements have significantly bolstered the DIAC's international reputation. This paper aims to compare the rules of the ICCIMA and the DIAC to establish a comprehensive framework for evaluating the effectiveness of arbitration centers in embracing technology and addressing dispute resolution needs.
کلیدواژهها [English]
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