عنوان مقاله [English]
Although in the case of disputes, the principle of general jurisdiction of the Courts has been established for the resolution of disputes, the existence of the Contractual Dispute Resolution Regulation makes some ambiguities to identify the competent authority to settle disputes of main and sub-companies of Iranian Ministry of Petroleum, Firstly, does the clause of dispute resolution and the nature of the resolution board in the above mentioned Regulation have the characteristics of the arbitration?
Secondly, if the resolution board is an arbitrator, does fulfillment of the Regulation related in the case of disputes on properties belonging to the Ministry of Petroleum companies necessitates compliance with provisions of Constitutional law article 139?
This article proves that firstly, substance of the clause of dispute resolution and stated process of resolution in the Regulation do not encompass the arbitration and secondly, if the board is accounted an arbitrator, disputes on properties of state corporations and disputes of which subjects do not directly pertain to state properties, will not be subject to the limitations mentioned in Constitutional law article 139 and civil procedural law article 457.
18. Mark M Grossman, (1984), The question of arbitrability, Ithaca, ILR Pr, New York