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Comparative Analysis of Procedural Good Faith in International Commercial Arbitration in the Light of Iranian and English

Authors: Younes Aghapour Sabbagh;

Comparative Analysis of Procedural Good Faith in International Commercial Arbitration in the Light of Iranian and English

Abstract

Arbitration, the most preferred dispute resolution approach, achieves its effectiveness through the well-known principles. Parties’ duty to act with procedural good faith is summarized in parties’ coop- eration to submit the relevant documents, clean hands theory, and pro- hibition of inconsistent behavior. There is no standard test to consider how parties have observed the principle, and cases show instances, in- cluding any attempt to mislead the court through the fabricated evi- dence, demonstrating the breach of the principle of good faith. The pro- cedural good faith aims to administer the best and proper conduction of Arbitration. This paper compares the party’s duty to act with good faith in Iran and the English legal system by analytical and description methods.

Country
Italy
Related Organizations
Keywords

procedural good faith; Arbitration; Iran; english law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green