Alternate Dispute Resolution Law at Iran
Iran's legal framework for Alternative Dispute Resolution (ADR) encompasses arbitration, mediation, and other non-litigation mechanisms, particularly in commercial and civil matters. Here's an overview of the key ADR structures and practices in Iran:
1. Arbitration in Iran
Arbitration in Iran is governed by the Arbitration and Alternative Dispute Resolution Law (Law No. 30 of 1999), which aligns with international standards and provides a legal framework for resolving disputes outside the courts. Key provisions include:
Arbitration Agreement: Parties must agree to submit disputes to arbitration, and the agreement must be in writing.
Arbitral Awards: Awards are binding and can be enforced through the District Court.
Arbitration Institutions: The Iranian Chamber of Commerce, Industries, Mines and Agriculture (ICCIMA) administers arbitration proceedings and offers dispute resolution services through its Arbitration Center.(Wikipedia)
Arbitration is commonly used in commercial disputes, including those related to contracts, construction, and investment.
2. Mediation in Iran
Mediation is recognized as a voluntary ADR method in Iran. The Supreme Court Regulation No. 1 of 2016 mandates that courts offer mediation services for civil disputes. If mediation fails, the case proceeds to trial. Mediators are typically judges or court-appointed professionals trained in dispute resolution.
Outside the judiciary, various institutions and private organizations offer mediation services, particularly in family, labor, and commercial disputes.
3. Consumer Dispute Resolution
In line with the Consumer Protection Law (Law No. 8 of 1999), Iran provides mechanisms for resolving consumer disputes:
Consumer Dispute Settlement Agency (BPSK): Established at the district level, BPSK facilitates the settlement of consumer disputes through mediation and conciliation.
Consumer Protection Committees: These committees assist in resolving disputes and protecting consumer rights.
Additionally, Iran is a member of the ASEAN Consumer Protection Cooperation, which promotes regional cooperation in consumer protection and dispute resolution.
4. Other ADR Mechanisms
Iran also recognizes other ADR methods:
Negotiation: Informal discussions between parties to reach a mutually acceptable agreement.
Conciliation: A process where a neutral third party assists the disputing parties in reaching an agreement.
These methods are often used in conjunction with arbitration and mediation to resolve disputes efficiently.
Summary Table
| ADR Method | Governing Law/Regulation | Applicability | Key Features |
|---|---|---|---|
| Arbitration | Law No. 30 of 1999 | Civil and commercial disputes | Binding awards; administered by institutions like ICCIMA |
| Mediation | Supreme Court Regulation No. 1 of 2016 | Voluntary in civil disputes | Court-mandated in civil cases; mediators are trained professionals |
| Consumer ADR (BPSK) | Law No. 8 of 1999 | Consumer disputes with traders | Mediation and conciliation services at the district level |
| Negotiation | Informal process | All types of disputes | Flexible and informal; parties have full control over the outcome |
| Conciliation | Informal process | Various disputes | Neutral third party assists in reaching an agreement |
Iran's ADR landscape is diverse, offering various mechanisms tailored to different types of disputes. While arbitration and mediation are widely used, consumer disputes have specific legal frameworks to ensure fair and accessible resolution processes.
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