Legal Structure of Arbitration Regimes: Monist or Dualist System?

Legal Structure of Arbitration Regimes: Monist or Dualist System?

Blog Article

Model Law on International Commercial Arbitration has been a source ofinspiration for numerous countries.In choosing a legal structure, there isa strong tendency towards adopting a monist legal regime based on theModel Law.In Iran, as a result of the ratification of Iranian Camping Beds InternationalCommercial Arbitration Act (ICAA) in 1997, Iranian arbitration law haschanged its structure from monism to dualism, that is, the Small Plate Civil ProcedureCode is applicable to domestic arbitration, whereas ICAA applies tointernational arbitration.The duality of the system is not an appropriatelegal structure.

This article argues that Iranian arbitration law should bebased on monism.It concludes that not only should Iranian arbitrationlaw be in consistent with the Model Law 2006, but it should also extendbeyond the Model Law by providing a more comprehensive legislation.