Determining Methods for Predicting Arbitration in Projects with Express Transportation Contracts to Improve Dispute Resolution and Contract Termination Methods (A Case Study of Tonekabon County)

Authors

  • Mohammad Almasi Nahanji * Department of Civil Engineering, Malayer Branch, Malayer Azad University, Malayer, Iran.
  • Mehrshad Jafarian Jelodar Department of Civil Engineering, Mulla Sadra Faculty of Engineering, Ramsar, Iran.

https://doi.org/10.48314/jcase.v2i1.50

Abstract

One of the most important ways to prevent lawsuits in courts and get involved in administrative and legal tangles is to include an arbitration clause in commercial contracts. The parties to the contract can agree at the time of conclusion or even after the conclusion that in the event of a dispute over the interpretation or implementation of the contract's provisions, they will refer the matter to an arbitration institution instead of going to court. In many developed countries, arbitration has been institutionalized as a specialized and professional institution. In these countries, if the parties encounter a problem during the implementation of the contract, they refer their dispute to the arbitration specified in the contract or to an arbitrator agreed upon by the parties before taking any legal or judicial action. The arbitrator's opinions and decisions are also legally binding. According to Razi and Zahedi, arbitration is one of the methods of resolving disputes in commercial contracts that has advantages such as reducing the duration of the proceedings, saving costs, the possibility of selecting an arbitrator and maintaining the confidentiality of the dispute resolution process. In defining an "Arbitration agreement," it can be said that this agreement is a contract by which the parties undertake to submit their actual or potential disputes to a person or persons other than the official judicial authorities. Moradi defines arbitration as follows: Arbitration is a contract in which the parties, by mutual consent or by law in compulsory arbitration, submit their actual or potential dispute to non-governmental and non-judicial persons so that they can examine the matter and issue the appropriate decision without formal proceedings and within a certain period of time. Arbitration, as one of the methods of Alternative Dispute Resolution (ADR), basically originated from It is a contract formed based on the will and agreement of the parties and through the conclusion of an arbitration agreement.

Keywords:

Arbitration provision for transportation contracts, Dispute resolution and termination

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Published

2025-02-04

Issue

Vol. 2 No. 1 (2025): Journal of Civil Aspects and Structural Engineering

Section

Articles

How to Cite

Almasi Nahanji, M., & Jafarian Jelodar, M. (2025). Determining Methods for Predicting Arbitration in Projects with Express Transportation Contracts to Improve Dispute Resolution and Contract Termination Methods (A Case Study of Tonekabon County). Journal of Civil Aspects and Structural Engineering, 2(1), 32-49. https://doi.org/10.48314/jcase.v2i1.50