Legal dimensions of the effect of contract termination claims on the validity of the international commerical arbitration clause

mehdi asgharimoghaddam ¹ (PhD student in law, specialization in private law, Yazd Branch, Islamic Azad University, Yazd, Iran)
Mehdi Asgharimoghaddam ² (PhD Student in Private Law, Yazd Branch, Islamic Azad University, Yazd, Iran)
Mostafa elsan ³ (- Associate Professor, Department of Law, Shahid Beheshti University, Tehran, Iran)

Submited date : 2022-08-14 accepted date : 2024-02-29

Keywords:

Abstract :

The purpose of this research is to investigate the legal dimensions of the effect of the contract termination claim on the validity of the international commerical arbitration clause. The research method is descriptive and analytical. And it aims to answer the question that if the principle of the contract is invalidated or revoked, what will be the role of the arbitration clause? The findings show that if a transaction is dissolved due to cancellation or termination, as a result the principle of the transaction or contract is lost, the stipulation The arbitration foreseen in it is also destroyed like the rest of the obligations and conditions, unless the parties have a dispute about the same issue, i.e. the destruction of the essence of the contract or transaction and the validity of the termination, which should be according to Article 461 of the Civil Procedure Law.