Review of the Governing Law and the Law Governing the Ability to Refer to Arbitration

One of the effects and results of the principle of independence is that the condition of arbitration from the main contract is to consider separate legal arbitration for each of the principal contracts and the issue of referralability.This means that if the main contract of invalidity was void according to the law, it would not only have no effect on the arbitration agreement, but also has no role in the issue of the possibility of referral to the arbitration, and the arbitration agreement as well as the ability to refer the case to arbitration should have another fate It is governed by the law.What is discussed in this paper is the proof of this theory that by accepting the doctrine of the principle of independence, the condition of arbitration will be different from the main contract of the law governing the main contract and the law governing the ability to refer the matter to arbitration. Keywords: The principle of independence is the condition of the arbitration of the original contract, the law governing the main contract, the law governing the ability to refer the case to arbitration

Review of the governing law and the law governing the ability to refer to Arbitration

One of the effects and results of the principle of independence is that the condition of arbitration from the main contract is to consider separate legal arbitration for each of the principal contracts and the issue of referralability.This means that if the main contract of invalidity was void according to the law, it would not only have no effect on the arbitration agreement, but also has no role in the issue of the possibility of referral to the arbitration, and the arbitration agreement as well as the ability to refer the case to arbitration should have another fate It is governed by the law.What is discussed in this paper is the proof of this theory that by accepting the doctrine of the principle of independence, the condition of arbitration will be different from the main contract of the law governing the main contract and the law governing the ability to refer the matter to arbitration.

The Inefficacy of Termination and Nullification of the Main Contract on Contractual Stipulations as a Consequence of the Principle of Autonomy of Arbitration Agreement from the Main Contract

One of the most important results and effects of the principle of autonomy of arbitration agreement from the main  contract is the inefficacy of termination and nullification of the main contract. It might be stated that with the termination or nullification of the main contract, the arbitration agreement, either as an arbitration condition in the terms of the main contract or as a separate agreement which is nonetheless related to the main contract, would not be localized in any instance, and thus it cannot be considered as an independent legal institution. The nullification of the terms based on the termination of main contract is justified by the principle implying the compliance of terms with the main contract, yet this rule is not universal. In some instances, based on the rule of autonomy and also the tacit agreement of parties, and considering the deviation of objectives in terms and the main contract, the principle may not be implied. By this argument, not only the acceptance of the doctrine of the autonomy of arbitration from the main contract becomes legitimate in our law, but it can also be argued that one of the most important consequences here is the autonomy of inefficacy of main contract on the arbitration agreement in Iranian law. Keywords: Rule of Compliance of Condition, Principle of Autonomy of Condition, inefficacy of termination of contract on arbitration claus