Comparative Civil Procedure
Procedure & Regularity for Accuracy, True Dispute Resolution and Happiness

Innovation of the New Arbitration Bill Regarding Arbitration Agreement

Document Type : Original Article

Authors

Sajjad Ghasemi 1
Sepideh Razi 2

1 PhD student in private law, faculty of law and political science, university of Tehram

2 PhD in private law, faculty of law and political science, university of Tehran

Abstract
The new arbitration bill was drafted with the aim of creating extensive changes in the field of domestic arbitration and has proposed new approaches that, if approved, will replace the arbitration provisions in the Civil Procedure Code. This research seeks to examine the innovations and developments of the arbitration bill on the subject of arbitration agreements and to answer the question of whether the arbitration bill, if approved, can address the challenges and shortcomings existing in the Civil Procedure Code in the field of arbitration agreements. By examining the Arbitration Bill and comparing it with the provisions of the Civil Procedure Code in a descriptive and analytical manner, the most important innovations of the bill in this regard concern the issue of arbitrability, and especially the arbitrability of state and public property, the acceptance of party autonomy in the choice of law governing the arbitration agreement, the acceptance of the principle of jurisdiction over jurisdiction and the independence of the arbitration clause, and it has largely succeeded in eliminating the shortcomings and ambiguities of the Civil Procedure Code in the field of domestic arbitrations.

Keywords

Arbitration Bill
Arbitration Agreement
Competence of Competence
Autonomy of the Arbitration Clause

Subjects

Comparative Civil Procedure
Volume 1, Issue 1
September 2025

  • Receive Date 01 June 2025
  • Revise Date 11 October 2025
  • Accept Date 11 October 2025
  • Publish Date 23 August 2025

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