Business Law
Mohammad Rostami; Bahram Taghipoor
Abstract
Commercial companies as legal entities consist of various departments. As in some cases the interests of members or directors of a company’s departments may develop into a conflict, disputation are duly expected. Accordingly, the attempt to propose a practical solution to solve such cases has been ...
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Commercial companies as legal entities consist of various departments. As in some cases the interests of members or directors of a company’s departments may develop into a conflict, disputation are duly expected. Accordingly, the attempt to propose a practical solution to solve such cases has been a significant concern in company Law. Among the existing solutions, arbitration has always been a well-received one because of its advantages. Nevertheless, considering the unique characteristics of companies and the multiplicity of departments, the practice of this solution has faced several challenges and ambiguities particularly as far as the concept and criteria of internal disputes and arbitrability are concerned. Bearing these points in mind, this study examines the arbitration in intra-corporate disputes in the legal systems of Iran and the England. Concepts like intra-corporate dispute, scope of arbitration, and barriers to arbitration are delineated in the first step. The findings of this study suggest that within the Iranian legel system arbitration of intra-corporate disputes is subject to the general rules of corporate law and arbitration law due to lack of specific laws while in the England the jurisprudence, in some cases, examines both the status of arbitration in a company’s internal disputes and the identified obstacles. Also, it gives the concerned parties considerable amount of authority to take advantage of arbitration. Moreover, it takes structural barriers, public policy, restrictions on the type of compensation, and conflict with the rights of third parties as the most significant obstacles to the practice of arbitration in these cases.
Private Law
saeed habiba; zahra shooshtari
Abstract
Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” ...
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Obstacles and objections are likely to arise at different stages of the arbitration process of disputes, particularly from the loser party. Defenses such as “encounter an agreement or arbitration clause with public order” or “basically not being arbitrable under the governing laws” are used as the ways to escape from being defeated. Given the ambiguity of the concepts of public order and arbitrability, especially in intellectual property law, and the differing views of other countries on these issues, we sought to examine what is the relationship between the concept of public order and arbitrability in the intellectual property disputes referred to arbitration. The result was that there was a split. Some have supported the theory of conformity of public order and inarbitrability. In contrast, other writers have arguments about the fundamental difference between the two.
Yunes Fathi; Kheyrollah Shahmoradi
Abstract
Privacy is a reasonable range in which an individual expects to be safe from others accessibility. The others referred here, could be the government or other real or legal persons, therefore, privacy has a same definition in virtual space. This space has caused new threats and opportunities be created ...
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Privacy is a reasonable range in which an individual expects to be safe from others accessibility. The others referred here, could be the government or other real or legal persons, therefore, privacy has a same definition in virtual space. This space has caused new threats and opportunities be created and the privacy in virtual space has encountered questions, uncertainties and challenges. We should primarily go to the root of privacy concept formation. Privacy gets importance when the individual get important and without that individual, there is privacy for him/her. Thus, privacy is a modern concept. Now regarding to the fact that this individual is the most effective element in virtual space and also this is the person who gives identity to the internet, reviewing the concept and area of privacy in virtual place gets double importance. Now, as it has been obvious that why and how the issue of privacy is tied to virtual space and social network, the most important question of this article forms that what is the concept, area and territory of privacy in virtual space? Naturally, as this issue gets clarified, we should find the grounds for privacy violation in virtual space and should go to the issue that who try to violate privacy in virtual space and social networks and why they do that, in order to find solutions to prevent this violation. This article is seeking to clarify these issues by the descriptive and analytical method.
Sakineh Karami
Abstract
Nowadays imposing unfair terms on weak contracting party by strong party especially in consumer contracts is an undeniable fact. In foreign law primarily courts interfered in benefit of the weak party and by assistance of interpretative techniques used the capacity of general prenciples of contracts ...
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Nowadays imposing unfair terms on weak contracting party by strong party especially in consumer contracts is an undeniable fact. In foreign law primarily courts interfered in benefit of the weak party and by assistance of interpretative techniques used the capacity of general prenciples of contracts to confront those terms and in the next step the approach of protecting consumer against unfair terms was followed by legislators. Now consumer code of most countries has a part for control of unfair terms that defines some contract terms as unfair and declare them invalid.but unforchonatly in iran the consumer protection code has not such regulations.so in this circumstances of legislative vacumm and considering the necessity of intervention, the only solution is judicial control. the study of techniques that courts have utilized to confronting these terms in the other countries shows that minimal tools which is necessary for this control is also available in the iran law.the most important legal tool that seems iranian courts can use for confronting unfair terms is the concept of public policy(article 975 of Civil Code)
