The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The Interaction between Iran’s International Commercial Arbitration Act and the New York Convention : A Critical Review of a judgement of Tehran Civil Court

Document Type : A critique of the civil court's judgment

Author
Mohammad Javad Shariatbagheri
Former justice of the Supreme court,
10.22034/analysis.2025.723426
Abstract
This article critically examines a judgment rendered by Branch 14 of the Tehran Civil Court regarding a request by an Iranian company to annul an arbitral award issued in the Netherlands. The claimant invoked Article 11(1) of Iran’s 1997 International Commercial Arbitration Act, arguing that the award violated mandatory public policy provisions and was therefore null and unenforceable. In contrast, the court rejected the application of the said domestic Act to foreign-seated arbitration, favoring instead the New York Convention of 1958. The author scrutinizes the reasoning adopted by both parties and the court, identifying key interpretive gaps and conceptual inconsistencies. Through comparative and doctrinal analysis, the article offers a refined perspective on the legal interplay between national arbitration statutes and international treaty obligations.
Keywords
International Commercial Arbitration
New York Convention of 1958
International Jurisdiction
Iranian Arbitration Law
The Journal of Critical Analysis of Judicial Decisions
Volume 3, Issue 6 - Serial Number 6
March 2025
Pages 108-121