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Fundamentals, Requirements and Ethical Consequences of the Electronicization of International Commercial Arbitration
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A Voshagh1   , A Zareh2 , M Sadat Tabaei3 |
1- Ph.D. Student in Private Law, Emerate Branch, Islamic Azad University, UAE
2- Department of Private Law, S.R.B, Islamic Azad University, Tehran, Iran. , zare.ali.phd@gmail.com
3- Department of Private Law, Electronic Branch, Islamic Azad University, Tehran, Iran. |
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Abstract: (126 Views) |
Background: Today, commercial companies have a great desire to resolve their disputes through arbitration. One of the issues that the arbitrator or arbitrators should always pay attention to is compliance with ethical principles and obligations, because not paying attention to this issue on the one hand It can lead to loss of trust from the arbitrators and on the other hand, it can cause the arbitrator's decision to be annulled. Therefore, in this article, an attempt was made to investigate the requirements and ethical consequences of the electronicization of international commercial arbitration by using the descriptive-analytical method and by using library and other available sources.
Conclusion: Observance of ethical obligations by judges is known as the most important basis for the acceptability and legitimacy of this institution in the justice system of any country, and ethical codes are the most important source of ethical obligations of judges. Also, the most prominent ethical principles that have been emphasized in the judicial systems of the United States, England and Australia in the lawsuits of commercial companies, the courts handling the decision or the arbitrator's verdict, are the principle of independence and impartiality, the principle of disclosure, the principle of confidentiality and the principle of expertise. Considering that Iran has not yet developed a code of ethics for arbitration in commercial disputes, it is necessary to determine the ethical standards that arbitrators must follow regardless of the existing laws and regulations. Therefore, it seems that it is necessary to draft a code of ethics by institutions such as the arbitration center of the Iranian Chamber of Commerce to arbitrate commercial disputes by taking advantage of the experiences of leading countries in this field.
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Article number: 4 |
| Keywords: Ethics, Ethical implications, Electronicization, International commercial arbitration. |
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Full-Text [PDF 394 kb]
(85 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/12/6 | Accepted: 2024/03/16 | Published: 2025/05/24
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