Tehran Regional Arbitration Centre (TRAC)

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[edit] General Information

  • Official name: Tehran Regional Arbitration Centre
  • Country: Iran
  • City: Tehran
  • Type of organization: independent international organization
  • Date of creation: 1997
  • Interests: Arbitration - Training
  • Fields of expertise: international commercial disputes

[edit] Establishment

Tehran Regional Arbitration Centre (TRAC) has been established as an independent international organization pursuant to the Agreement signed on 3 May 1997, between the Islamic Republic of Iran and the Asian-African Legal Consultative Organization (AALCO) and is functioning under its auspices. The Agreement came into force in July 2004, after having been ratified by Iranian legislative bodies. TRAC effectively commenced its activities a year later in July 2005 with the publication of its Rules of Arbitration.

[edit] Objectives

  • Conducting arbitrations;
  • Promotion of international commercial arbitration;
  • Coordinating the activities of, and offering assistance to, the existing arbitration institutions in the region;
  • Providing assistance to ad hoc arbitrations, including acting as appointing authority, particularly in cases where they are taking place in accordance with the UNCITRAL Rules;
  • Providing assistance in the enforcement of arbitral awards;
  • Providing assistance in the settlement of disputes.

[edit] Rules

Arbitration proceedings administered by TRAC shall be governed by the Arbitration Rules, which essentially follow the UNCITRAL rules of arbitration. Certain aspects of these rules, however, have been modified in order to take into consideration the institutional character of arbitrations that will be conducted under the Rules of Arbitration of TRAC.

Moreover, the most recent experience of other major arbitration institutions has also been incorporated in the Rules of Arbitration of TRAC.H.E. Ambassador Dr. Wafik Z. Kamil, Secretary General of the AALCO approved the Rules on 31 January 2005.

[edit] Arbitration Board

To enhance the quality of proceedings that will be conducted under the Rules of Arbitration and to offer higher independence and impartiality in the implementation of the Rules, the constitution of an Arbitration Board has been foreseen in the Internal Regulations.

The Director shall consult with the Arbitration Board, on all matters relating to the implementation of the Rules of Arbitration and especially on the appointment and replacement of arbitrators.

Furthermore, decisions with respect to challenge of an arbitrator shall be made by a committee comprising three members of the Arbitration Board.

Following requests made by the Director, Dr. Mojtaba Kazazi, Professor James Crawford and Mr. Dominique Hascher have accepted to act as Members of the Arbitration Board of TRAC. All three gentlemen are outstanding lawyers with wide experience in international arbitration. After consultation with the Secretary General of the AALCO, they have been appointed as members of the Arbitration Board.

Dr. Mojtaba Kazazi is a former Iranian judge and has acted during the eighties for several years as a senior legal adviser before Iran-United States Claims Tribunal. He has been the main drafter of the Provisional Rules for Claims Procedure of the United Nations Compensation Commission (UNCC), where he has worked for more than 14 years in the resolution of a large volume of individual, corporate and governmental claims and as Secretary of the UNCC Governing Council in Geneva. He presently holds the same position.

Professor James Crawford, from Australia, is Whewell Professor of International Law, and Chair of Faculty Board of Law, at University of Cambridge. As a leading authority in international law, he has been involved in a considerable number of international litigation and has a wide experience in international arbitration.

Mr. Dominique Hascher from France is the former General Counsel of the International Court of Arbitration of the International Chamber of Commerce. He is a well-known authority in the field of international arbitration and is presently judge at the 1st Chamber of the Court of Appeals of Paris, to which cases relating to arbitration are referred. He is also in charge of the international relations of the cour de cassation, the French Supreme Court. His writings in the field of international arbitration are used as valuable references to all users.

The acceptance by these gentlemen to act as Members of the Arbitration Board will undoubtedly enhance the integrity and independence of TRAC.

[edit] Use of TRAC Arbitration Rules

As a result of meetings held with lawyers and other professionals, TRAC is now quite known between specialists in the Region. Based on information received, during 2005, the insertion of TRAC arbitration clause has gained momentum in various type of contracts pertaining to general trade, oil well drilling both on-shore and off-shore and related services, bank guarantees, etc. In addition, TRAC was informed that its arbitration clause has been included in new types of contracts such as those concluded in the telecommunications sector and to the export credit.

Considering its central position in the South West Asia and the Persian Gulf area, TRAC is confident that it shall become a major instrument for a fair and independent settlement of disputes.

[edit] TRAC's Training Courses

Tehran Regional Arbitration Centre, in pursuance of one of its purposes i.e. promotion of international commercial arbitration and enhancing legal experts’ knowledge and their practical skills in issues related to international contracts provides some educational workshops under two headings “Selected Subject of International Law” and “Familiarization with Foundations and Basic Clauses in Certain International Contracts”.

The Participants in these courses will become familiar with the latest developments in the fields of international contracts through lectures provided by university professors and practitioners in the relevant fields.

[edit] Links

[edit] Contact

80, Shahid Moussavi St, Taleghani Ave, 15836, Tehran, Iran

Tel: +98 21 88 32 41 82-83

Fax: +98 21 88 32 41 84

Email: secretariat@trac.ir

Official Website

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