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

Analysis of the Degree of Autonomy of Arbitration from Law, Judicial Courts, and the Parties’ Agreement

Document Type : Original Article

Authors

Mehdi Hasanzadeh 1
Nahid Zand Lashni 2

1 Professor of Law, Private Law Department, University of Qom, Qom, Iran

2 PhD in Private Law University of Qom, Qom, Iran

Abstract
Arbitration is one of the most important methods of peaceful dispute resolution, particularly in the international sphere. The theory of “Autonomy of arbitration” asserts that arbitration is an autonomous institution which, while drawing upon agreement, law, and arbitral practice, possesses the capacity to design its own procedure and governing rules based on the nature of the relationship and the needs of the parties. Therefore, arbitration should not merely be viewed as an extension of judicial proceedings or as entirely dependent on the contract. This study, using a descriptive–analytical approach and a comparative method, examines the independence of arbitration with a focus on three core elements: law, agreement, and the practical conduct of arbitrators. The research demonstrates that maximum independence from law and judicial authority, alongside minimal dependence on party agreement, can ensure the efficiency of arbitration. The findings indicate that regulatory frameworks aligned with this perspective can actualize the latent potential of arbitration for peaceful dispute settlement and the fulfillment of its objectives.

Keywords

Arbitration
Autonomy of Arbitration
Comparative Arbitral Systems
Regulation
Dispute Resolution

Subjects

Comparative Civil Procedure
Volume 1, Issue 2
January 2025

  • Receive Date 14 December 2025
  • Revise Date 03 January 2026
  • Accept Date 04 January 2026
  • Publish Date 21 January 2026

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