The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education

Education is shifting more and more from public goods to private goods. This process starts with State-building of education and then moves towards commercialization and full privatization. Also, the activities of private sector have affected formal and informal education systems in both arenas of e...

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Autores principales:	Farzaneh Dorry, jamshid Noorshargh, Ahmad Shams
Formato:	article
Lenguaje:	EN
Publicado:	Comparative Education Society of Iran ( CESIR) 2020
Materias:	educational business privatization of education trade arbitration uncitral arbitration Education L
Acceso en línea:	https://doaj.org/article/537f295fbc2242c69354b0e75eb5a5dc
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spelling	oai:doaj.org-article:537f295fbc2242c69354b0e75eb5a5dc2021-11-17T10:03:16ZThe Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education2588-72702676-498910.22034/ijce.2020.229018.1139https://doaj.org/article/537f295fbc2242c69354b0e75eb5a5dc2020-06-01T00:00:00Zhttp://journal.cesir.ir/article_108100_904c478fec6dd0b7bef0669943b2e911.pdfhttps://doaj.org/toc/2588-7270https://doaj.org/toc/2676-4989Education is shifting more and more from public goods to private goods. This process starts with State-building of education and then moves towards commercialization and full privatization. Also, the activities of private sector have affected formal and informal education systems in both arenas of educational services and educational provision. The consequence of these changes is presence of different actors and, of course, possible differences between them. Since the geographical scope of commercialization of education is not limited to national borders of a country, the purpose of this article is to examine status and validity of independence of arbitration in Iranian law and international commercial arbitration law with an approach to UNCITRAL arbitration. The present research method is a comparison with documentary approach and data analysis method is re-analysis. The research findings indicated a legal vacuum in the field of education business at both national and international levels for Iranian actors. The research findings also showed that there are similarities between Iranian law and UNCITRAL arbitration regarding status and validity of independence of arbitration condition. In addition, lack of a clear concepts’ definition of "business activity" and "citizenship" are two major differences between Iran law and UNCITRAL law. According to the research findings, Iranian legislators and educational policymakers are encouraged to prepare and approve a separate law on educational business.Farzaneh Dorryjamshid NoorsharghAhmad ShamsComparative Education Society of Iran ( CESIR)articleeducational businessprivatization of educationtrade arbitrationuncitral arbitrationEducationLENIranian Journal of Comparative Education, Vol 3, Iss 2, Pp 655-670 (2020)
institution	DOAJ
collection	DOAJ
language	EN
topic	educational business privatization of education trade arbitration uncitral arbitration Education L
spellingShingle	educational business privatization of education trade arbitration uncitral arbitration Education L Farzaneh Dorry jamshid Noorshargh Ahmad Shams The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
description	Education is shifting more and more from public goods to private goods. This process starts with State-building of education and then moves towards commercialization and full privatization. Also, the activities of private sector have affected formal and informal education systems in both arenas of educational services and educational provision. The consequence of these changes is presence of different actors and, of course, possible differences between them. Since the geographical scope of commercialization of education is not limited to national borders of a country, the purpose of this article is to examine status and validity of independence of arbitration in Iranian law and international commercial arbitration law with an approach to UNCITRAL arbitration. The present research method is a comparison with documentary approach and data analysis method is re-analysis. The research findings indicated a legal vacuum in the field of education business at both national and international levels for Iranian actors. The research findings also showed that there are similarities between Iranian law and UNCITRAL arbitration regarding status and validity of independence of arbitration condition. In addition, lack of a clear concepts’ definition of "business activity" and "citizenship" are two major differences between Iran law and UNCITRAL law. According to the research findings, Iranian legislators and educational policymakers are encouraged to prepare and approve a separate law on educational business.
format	article
author	Farzaneh Dorry jamshid Noorshargh Ahmad Shams
author_facet	Farzaneh Dorry jamshid Noorshargh Ahmad Shams
author_sort	Farzaneh Dorry
title	The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
title_short	The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
title_full	The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
title_fullStr	The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
title_full_unstemmed	The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education
title_sort	status and validity of the independence of arbitration condition in iranian law and international commercial arbitration law regarding the uncitra arbitration in education
publisher	Comparative Education Society of Iran ( CESIR)
publishDate	2020
url	https://doaj.org/article/537f295fbc2242c69354b0e75eb5a5dc
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The Status and Validity of the Independence of Arbitration Condition in Iranian Law and International Commercial Arbitration Law regarding the UNCITRA Arbitration in Education

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