The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Feasibility of Assignment or non-Assignment of arbitration clause and Arbitration Agreement

Authors
siamak rahpeik 1
majid aziziyani 2
1 the University of Justice and Administrative Services
2 University of Justice and Administrative Services
Abstract
Abstract

Assignment of arbitration clause or arbitration agreement is very important in internal and international arbitration and it has accepted in the law of other countries for example the U.K. and the U.S. In this regard there are some proponents and opponents each one has him/her own arguments. Article 481 of civil procedure code provides that the death of one of the parties to the agreement leads to termination of arbitration Thus if arbitration concludes under separate binding contract or in under the terms of article 10 of civil code, that arbitration will be terminate by death of one of the parties. It means that legal assignment of the contract, doesn`t cause assignment of arbitration clause. This article, concludes that arbitration clause can be personal.
Keywords
Keywords: Arbitration clause
Contractual assignment
Involountary assignment
agreement
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