چکیده

شرط داوري, قرارداد اصلي, قرارداد تبعي, قائم‌مقام (منتقل‌اليه), موانع انتقال شرط داوري

کلمات کلیدی

Arbitration agreement whether being as independence or conditions amended to a contract, the parties after enforcing the main contract, and thereby for resolution of current or future conflicts will agree on it. Accordingly, the first requirement of transmitting arbitration clause is main contract transmission. Thereafter, the question that arises is that: will the arbitrary clause of the contract be transmitted to the assignee or not? In present article, concerning to the arbitrary clause conditions and effects of general rules of contracts related to the transferring arbitrary clause and also reviewing the adjudicated precedents related to international and local trade arbitration, arbitrary clause transmission, as an accepted principle (concept) in some legal systems, have been presumed. In this article, the exceptions and obstacles to arbitrary clause transmission have been studied.

keywords

Arbitrary Clause, Main Contract, Subordinate Contract, Surrogate (Assignee), Arbitrary Clause Transmission Obstacle