A Study of the Status of Choice of Court Agreement in Regional Organisations Instrumens

Document Type : Academicm and Research

Authors

1 Associate Professor, Department of Private Law, Faculty of Law and Political Sciences, University of Tehran. driranpour7@gmail.com.

2 PhD Student of Private Law, University of Tehran (Corresponding Author). s.hosseinasadi@ut.ac.ir

Abstract

The establishment of regional organizations is one of the most important tools for the economic and trade development of the commonwealth of independent States. The expansion of economic relations requires the use of tools of wealth circulation, i.e., international commercial contracts such as sale, transportation, and insurance between allied countries. In the event of a dispute between the parties over the implementation of these contracts, filing a lawsuit in the courts of each of the interested countries is a traditional and, of course, not very efficient solution. In contrast, the growing tendency of merchants to include the clause of choosing a court in contracts and agreeing on the jurisdiction of one of the competent and even incompetent courts is a relatively new and efficient method. However, the question is which regional organizations have taken steps to recognize this business practice? Also, what conditions do the instruments of these organizations provide for the validity of the mentioned agreement and the resulting jurisdiction? Finally, what is the solution to regional instruments in the event of a conflict of resources? Recognition of the status of consensual jurisdiction can be a good model for those regional organizations to which Iran is a member. In addition, identifying credible instruments in this area will assist Iranian courts in dealing with cases of enforcement of foreign judgments based on consensual jurisdiction.

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Main Subjects

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