:: Volume 8, Issue 24 (12-2020) ::
qjal 2020, 8(24): 231-251 Back to browse issues page
The place of Good Faith in the Interpretation of Article 139 of the Constitution of Islamic Republic of Iran, with Emphasis on Judicial Practice
Abstract:   (1707 Views)
Article 139 of the Constitution on the referral of public and state disputes to arbitration has been provided for with the intention and purpose of protecting public interests and interests. But in practice, as well as because of changing conditions governing investment and economic transformation, it was understood, over time, that the he procedure is hindrance to economy and investment and order in arbitration, especially international arbitration. Therefore, in the absence of a commentary by the Guardian Council, the doctrine and jurisprudence have made extensive efforts to align Article 139 of the Covenant with practical needs and circumstances. One question is what is the place of "good faith principle" in the interpretation of the referral of public and state property to arbitration? And whether the principle of good faith can make a dialectical balance between the need to comply with Article 139 and the government's compliance with international and national obligations in arbitration agreements?
Keywords: Article 139 of the Constitution, public and state property, arbitration, good faith principle, public order
Type of Study: Research | Subject: Special

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Volume 8, Issue 24 (12-2020) Back to browse issues page