Attorney at law in Iran
| Amir Azarbad International trade lawyer | 0 Comments | Commercial Disputes & Arbitration, International commercial Contracts

Advocacy in Arbitration Canters of Iran

Hello –

As we know, nowadays more than 95% of international commercial disputes are referring to arbitration.

it is so popular with Intl. commercial Lawyers to find a creditable Arbitration Center if they intend to mention Arbitration Clause. So,  it is good to know that Iran has several great arbitration center like ACIC (Arbitration Center of Iran Chamber).

ACIC was established in 3 February 2002 by virtue of a specific piece of law called “The Law on Auricles of Association of ACIC” as approved by the parliament of Iran. ACIC is organized as an affiliate to the Iran Chamber of Commerce but enjoys independent legal personality. ACIC is the first Iranian independent arbitration institution established for the purpose of settlement of both domestic and international disputes through arbitration or conciliation.

Submission of the disputes to ACIC may be through either ways:

  1.  Separate arbitration agreement ;
  2. Arbitration clause in the underlying contract, and
  3. Actual submission by the claimant and acceptance by the respondent

Amir Azarbad as Commercial Lawyer in Iran. he is specialist in Commercial Disputes.

Amir Azarbad’s international law office provides International and domestic and also foreign companies with specialized services in the areas of Foreign Investment, Drafting International Commercial Contracts, Litigation in Court and Arbitration Tribunal, Intellectual property legal cases and registration , company law and all legal advisory services a commercial entity needs.

Amir Azarbad is an attorney at law in Iran from 2007 to date, ranked 27 in the Central Bar Association accepted and has expertise in law of International trade, this law office supports domestic and international commercial contracts, and gives international trade advisory services.

We, as specialist in Intl. Trade, provide you with legal advisory services and we are ready to be your attorney in Arbitration center and Judicial Courts.

We can also draft International Commercial Contract between you and Iranian Companies and legal supervise on performance of Commercial contract.

Amir Azarbad-

Iranian Attorney in Iran & Ph.D Candidate

Amir Azarbad
| Amir Azarbad International trade lawyer | 0 Comments | International commercial Contracts, Legal Advice |

Commercial Lawyer in Iran

Hello –

In Iran, Legal advisory services and lawyers are not classified according to expert knowledge legally, but in practice, some  attorneys make effort to work and study in specific expert, because these days, an attorney can not be expert in all aspects of law.

an Commercial lawyer, an attorney  working and studying Domestic & International commercial law, have to know all law aspects of commerce in Iran. like law of company , law of contract , Arbitration including domestic and international expert and export affairs , Banking law and other commercial law matters which is necessary to make a commercial contract safe.

Commercial Lawyer in Iran has to be expert in negotiation and providing international commercial contracts. Commercial Lawyer in Iran have to be expert in Arbitration and Legal Procedure that is why he/she have to set articles of a contract according to what arbitrators issues awards based on.

International Law Office Amir Azarbad , Iranian attorney at law , working and teaching international commercial contracts in Tehran, giving all international and domestic commercial services. like attending commercial meeting for providing contract , Providing International Contracts , Legal Consulting , Legal Supervising and controlling international commercial contract (long term contracts or short term) , litigation in Arbitration Centers  in Iran or Abroad or Judicial Court of Iran.

All Legal Services of International Office of Amir Azarbad are given in Iran or abroad.

you can also see other posts in this website , like Commercial Disputes , General Commercial Regulation of Iran , Interpretation of International Commercial Contracts , Preparing International Contracts

Amir Azarbad – Iranian Attorney at Law

Ph. D candidate and teacher of International Commercial Contracts

Amir Azarbad
| Amir Azarbad International trade lawyer | 1 Comment | International commercial Contracts |

General Commercial Regulations of Iran

Dear Readers,

As every International trader, producer or Company intends to have commercial relationship with another country’s traders so they could sell goods or provide services, so it is necessary to have information about  applicable laws of that country. I, Amir Azarbad, an Iranian Attorney at law, think it is better to give some information on general applicable laws and regulations in Iran. I hope it is useful for you.

Iran, like other countries ,has a mother code for trade law. this Act consist of sections concerning traders, Commercial Activities,  Commercial Books including day-book and other types of books traders( individuals and companies) is obliged to have, Companies, commercial documents including bill of exchange-promissory note-check, commission,  Transportation contract, commercial agents, Guarantee and at the end Bankruptcy. this Act is so like to previous Commercial Act of France.

Articles 21 to 93 of this Act has bee replaced with ” Draft of amendment to a part of Commercial Act” which approved more than 40 years ago, but this Draft is Act for  Join-stock Companies.

The Act of Commercial Act of Iran, is very old and needs to be amended. in this Act there is not section on contracts. so, the contract, including commercial or civil, is applied by Civil Act of Iran. for more details about effect of local laws you can see my Article about “reflection of local laws on international commercial contracts”

the link for this Article: http://en.lawoffices.ir/lawyer-specializing-in-domestic-and-international-contracts/

so, should you know about contracts, you will have to refer to Civil Act. we do not have special court for commercial cases like France, so, every cases( not criminal or official) are referred to the courts which accept another civil cases.

This years, many attempt has done to establish special commercial codes with special procedure Act.

of course, we have Arbitration Tribunals like ACIC. so, if you mention an arbitration clause

in your contract, you will sure that your case will be referred to the Arbitration(Tribunal or ad hoc).

addition to these Act, we have lot of regulation on Registration of companies, Bank’s Act,Patents, Industrial Designs and Trademarks Registration Act (2008), Foreign Investment Promotion and Protection Act and many laws and regulation on Commercial issues. in every part of commercial issue, there is general(Civil Act & Commerce Act) and also specific Acts and Regulations. for example to import goods, there is Customs Affairs Act, INCOTERMS, obligatory regulation of Ministry of industry- mine and trade, The Law in combat in  Smuggling of Goods and Currency.

In next posts, I’ll give more information about Iran’s law to you esteemed readers. you are going to have list of Iran’s commercial Acts & Regulations in this website.

One of the regulations which every trader like to see, is Arbitration Rules. as you know, many traders like to refer their cases disputes to a non-government court. hence, development of arbitration in a country shows proper situation of trade in that country.

Fortunately, Arbitration law has developed  in Iran. Iran has Specific law in International Arbitration and also jointed to Convention on the recognition and enforcement of foreign arbitral awards ( New York, 1958). so, Foreign traders can trust Arbitration in Iran.

Attorney at law in Iran-Tehran(member of Iran- Central Bar Association)

Commercial Attorney in Iran, Amir Azarbad.

Amir Azarbad
| Amir Azarbad International trade lawyer | 0 Comments | International commercial Contracts |

Interpretation of International commercial Contracts

Hello honorable readers,

As we know, every international transaction and contract may be exposed to interpretation by judges or arbitrators they are referred  the case or dispute, so interpretation’s rules are important to lawyer setting out a contract.

they have to know how interpretation can be applied on the written phrases. and they also have to try set the phrases of international commercial contract along what arbitrators or judges interpret.

Among interpretation rules,”Whereas Clause” is the subject  I am going to write about.

as we know, a contract includes rights and obligations of  parties, as usual, in a contract and transaction is specified two articles on “Obligation of party 1 for example Seller and also for Buyer, and should a party want to add a obligation, that Article will be the proper place for, but in interpretation of a contract, the judge or arbitrator is not limited to those article. specially, whenever he is searching to find out implied obligation or how an obligation is to be done.

for example, if a dispute between parties to sale contract is over  this : is the seller  under responsibility to pack the material according to standard packing rules of Iran?

and the contract is free of such obligation, but the parties in “Whereas Clause” have mentioned “the buyer’s intention is exporting the materials to Iran” or the Buyer desires to export the materials to Iran, despite this obligation is not in Article of Seller’s Duties, but the obligation of the seller may be interpreted in basis of “Whereas Clause” and an arbitrator or judge may issue an award and seller is under responsibility to comply with That standard in packing.

another item which performs main role in interpretation of International commercial contract is “Good Faith”.

behaviors of parties of a commercial contract in concluding and performing, will be interpreted in base of Good Faith. parties comes from different countries with different legal systems, and commercial world not a good place for a malicious man. so, even a word in a contract has been select in wrong manner, may be interpreted in proper meaning and in contract purpose.

Amir Azarbad-

Ph.D Candidate in private law

Iranian attorney at law in International Transaction/Commercial Contracts/Arbitration

www.Lawoffices.ir

Amir Azarbad
| Amir Azarbad International trade lawyer | 2 Comments | International commercial Contracts |

Samples of International Commercial Contracts

Hello honorable Readers,

Every one working in Commercial Trade needs to have International Commercial Contract. first option every one may choose, is Samples.

there are so many samples in Internet and you can access lot of them. but using the samples without any amendments can make damages for you. every relationship needs it’s own contract. even two sale contract cant be the same.

but, samples of International commercial contracts can provide you with a framework of a draft of International contract and can also show you content of a contract or a list of articles of contact. by taking look at samples, you can also think about aspects of your international commercial relationship.

it’s important that you are seller or buyer, it is important where your contracting party is located, it is important what you sell or what you buy,  it is important the courts of country of the other party how much respect Arbitration and many issues you must going over. every country has it’s own regulation.

so if you are interested in using samples of International Commercial Contract, you must use an Commercial Lawyer to amend or change article or advise you on that sample.

Amir Azarbad attorney-at-law

Ph.D Candidate in Private Law

www.lawoffices.ir