Rahim Mirzaii GharaGhesghlagh; Youseph Molaii; Reza Ghiasi
Volume 10, Issue 4 , March 2022, , Pages 7-32
Abstract
Introduction: The Chamber of Commerce has been established to monitor business activities and the Iran-Iraq Chamber of Commerce has administrative-legal powers specializing in trade ...
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Introduction: The Chamber of Commerce has been established to monitor business activities and the Iran-Iraq Chamber of Commerce has administrative-legal powers specializing in trade between Iran and Iraq.Research Method: This descriptive-analytical study seeks to examine the legal procedure for resolving disputes in the Iran-Iraq Chamber of Commerce from the perspective of Islamic human rights.Discussion: The rules of arbitration of the Chamber of Commerce in practice are fully in accordance with the principles of international trade law arbitration and can determine the status of traders who have a dispute within a certain period of time. Attention to administrative regulations to the international aspect of the dispute and the need to select a competent arbitrator / arbitrators in any situation is one of the strengths of the administrative rules for resolving disputes in the Chamber of Commerce and the time of arbitration is appropriate. Criticism of this administrative procedure is the high cost of arbitration, which needs to be adjusted according to the situation of the parties to the dispute. From the point of view of Islamic law, resolving disputes between two Muslims should be done by another Muslim, which is not explicitly mentioned in the rules of the Chamber of Commerce. At the same time, the arbitration mechanism in this institution is completely optional.Conclusion: The administrative arbitration procedure used is almost in accordance with the principles of Islamic human rights as well as the rules of private international law.
