The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

A Comparative Study of Arbitration in Construction Contract Law in Iranian and French Law

Document Type : Original Article

Authors
Mohammad Darabi 1
mehdi hadavand 2
1 M.A. Student, International Law,, Islamic Azad University,, Tehran, Iran.
2 Assistant Prof., Department of Public and International Law. Faculty of Law and Political Science.allame tabatabai university.Tehran.Iran.
10.22034/mral.2021.141599.1081
Abstract
Under Article 139 of the Peacebuilding Constitution, lawsuits on public and governmental property or referral to arbitration in each case are subject to approval by the Council of Ministers and must reach Parliament. In cases where the parties to the dispute are foreigners and in important internal matters, they must also be approved by the parliament. = Article 139 of the Constitution has been cited and controversial on the referral of litigation and disputes by the Iranian government, especially with foreign parties. In the legal system of France, there are also rules for arbitration in government contract contracts. It seems that the French legal system, most of which lawyers believe in the distinction between a public contract and a private contract, and one of the clean criteria of these two treaties, are subject to review and review by an independent legal system in this area he does. Therefore, contrary to what the Iranian legal system is mandated to have, and the general criteria for the award of public contract and government contracts are in the jurisdiction of the General Court, in France, they have benefited from an independent system of jurisdiction. In this thesis, the author seeks to examine the issue in terms of domestic law and comparative rights as well as the same international rules, ie, fiduciars.
Keywords
Governmental contract
Construction
Arbitration
Iran
France
Subjects
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The Journal of Modern Research on Administrative Law
Volume 2, Issue 5
Second year, fifth issue, winter 2020
Winter 2020
Pages 89-110

  • Receive Date 27 November 2020
  • Revise Date 19 December 2020
  • Accept Date 15 January 2021