International Journal of Ethics and Society
مجله بین المللی اخلاق و جامعه
Int. J. Ethics Soc
Literature & Humanities
http://ijethics.com
1
admin
2981-1848
2676-3338
10.22034
34486
8888
13
en
jalali
1401
11
1
gregorian
2023
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online
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fulltext
en
The Role of Ethics in the Development of Arbitration Clauses Towards Third Parties in Iran
تخصصي
Special
پژوهشي
Research
<div style="text-align: justify;"><span style="font-size:14px;"><span style="font-family:Times New Roman;"><span style="line-height:107%"><span calibri=""><b><span style="line-height:107%"><span new="" roman="" times="">Introduction</span></span></b><span style="line-height:107%"><span new="" roman="" times="">: The issue of developing arbitration on persons other than parties to the arbitration is one of the issues that are disputed by legal scholars. In the arbitration agreement, no person, except the parties to the agreement, is bound to arbitration and has no right to invoke it. Prohibiting the extension of the effects of the arbitration agreement to persons outside the contract is accepted, but it should be noted that the persons who sign a contract are not always its real parties. Therefore, the current study was formed with the aim of investigating the role of ethics in the development of arbitration clauses towards third parties in Iran.</span></span></span></span><br>
<span style="line-height:107%"><span calibri=""><b><span style="line-height:107%"><span new="" roman="" times="">Material and Methods</span></span></b><span style="line-height:107%"><span new="" roman="" times="">: In order to achieve the goal of the research, in addition to legal books in this field, articles related to the research keywords from 2011 to 2021 were examined from the databases of Magiran, Civilica, Sid, and Ensani.</span></span></span></span><br>
<b><span style="line-height:107%"><span new="" roman="" times="">Conclusion</span></span></b><span style="line-height:107%"><span new="" roman="" times="">: A creditable nature is not limited to external signs such as correspondence or names included in the contract, but it is a creditable fact that may prove that the works of the contract belong to a person who was not present when the contract was concluded and his name has not even been mentioned. The real original theory, which has found a special place in contract law today, is the result of the challenge faced by lawyers in this field. In fact, the ethical basis requires that every person accepts the obligation or action that is related to the rights and obligations of the arbitration parties and does not shy away from responsibility. On the other hand, no one should be held responsible for the obligations of others, and the development of the arbitration clause should not cause losses to third parties. Therefore, the development of the arbitration clause must be done within the bounds of the obligations.</span></span></span></span></div>
Arbitration, Development, Third party, Ethical principles
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http://ijethics.com/browse.php?a_code=A-10-232-1&slc_lang=en&sid=1
Sara
Malek Mohammadi
sara_m1991m@yahoo.com
10031947532846002378
10031947532846002378
No
Ph.D. Student of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Majid
Ghamami
mghamami@ut.ac.ir
10031947532846002379
10031947532846002379
Yes
Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
Hassan
Mohseny
hmohseny@ut.ac.ir
10031947532846002380
10031947532846002380
No
Department of Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran