Arbitrability and Mediability of Disputes: The Iranian Perspective

Abstract There has been a growing trend in the use of alternative dispute resolution methods (“ ADR ”), particularly arbitration, on a global scale and Iran is no exception to this trend. In simple terms, arbitrability means that certain disputes may not be submitted to arbitration. Mirroring this concept, mediability refers to the capability of disputes to be resolved through mediation. The definition of arbitrability and mediability are subject to significant ambiguity, as there is currently no universally recognized and uniform standard for these concepts. In fact, national laws determine the definitions and concepts of arbitrability and mediability. In order to gain a comprehensive understanding of the extent to which disputes are capable to be resolved through arbitration and mediation, it is necessary to initially examine the current legislative framework. The present article attempts to examine the arbitrability and mediability of disputes within the Iranian legal framework. In doing so, after recalling the background of ADR system in Iran in the first section, the second section will discuss the arbitrability with regard to arbitration-related laws. The third section will successively explore the arbitrability in Iranian legal jurisprudence, clarifying that while some disputes are not inherently non-arbitrable, there are certain limitations on their referral to arbitration. The fourth section will delve into the concept of mediability in Iran. Lastly, the fifth section will conclude the article by positioning the approach of the Iranian legal system towards arbitrability and mediability.