List of Articles داوری بین‌الملل

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  1 - Jurisprudential and Judicial Explanation of Arbitration in Islam and Its Comparison with Arbitration in the West (France)
  Mansour Safari Moghadam Amir Mullah Mohammad Ali Mahmoud Ghaumzadeh
  The purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradit More

  The purpose of the present research is the comparative study of arbitration in Islamic jurisprudence versus arbitration in the west (France). In Islamic jurisprudence, the institution of arbitration is raised with reference to jurisprudential sources (the Qur'an, tradition, consensus, and reason). The research method is descriptive-analytic and the results indicated that the concept of judgment in the current legal order corresponds with the concept of arbitrator in jurisprudence. Muslim lawyers hold that the system of Islamic judgment and trial has comprehensively been able to create logical and fundamental methods in terms of all human acts and behaviors by making accurate laws based on human nature whereas the judicial system of the West does not act in this way. The philosophy of arbitration in Islamic religion and law and its correspondence with the western and international (French) law is that this civil law should be able to effectively solve conflicts and personal, national, and international enmity in the light of mutual satisfaction of those who are beneficiary in a deal, convention, or even family without any official ceremony, mere trial, legal and judicial force, or spending a long time. The results substantiated from this legal act are considered as the included conditions in an agreement.      Manuscript profile
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  2 - The function of General Principles of Law recognized in civilized nations in The jurisprudence of arbitrations tribunals
  Seyed Bagher Mirabbasi seyedeh zahra saadati
  10.30495/alr.2023.1994172.2626
  Field and Aims: General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article More

  Field and Aims: General Principles of Law recognized in civilized nations, as one of the main sources of international law, has played an important and effective role in international arbitration tribunals compared to other parts of international law. So far, no article has been done that independently examines the function of this source of international law.Method: This research was done using descriptive analytical method.Finding and Conclusion: Applicable law, Protection of legal order, the basis for law making, interpreting the rules of international law, and a rule in international law are the functions of this main source of international law. Manuscript profile