Master of Jurisprudence and Principles of Islamic Law, Shahid Bahonar University of Kerman, Faculty of Law and Theology, Kerman, Iran.
Abstract
In order to settle financial claims, the existence of strong guarantees such as arbitration agreements can lead to the return of banks' claims and increase the profits of these institutions. On the other hand, this process is beneficial for both the lender and the banks; Because the stronger the facility contracts, the stronger the cohesive contract will be. The present study, which has been compiled by descriptive-analytical method, seeks to state that banks in the executive phase, due to avoiding abnormal rulings issued by the arbitral tribunal or segregation of disputes under arbitration, often refuse to refer a claim to arbitration. This is why banks prefer to prefer the judiciary to arbitration to resolve existing disputes, giving reasonable reasons.
zangiabadi,M. (2021). Validation of arbitration conditions in banking contracts with a jurisprudential and legal perspective. Applied Research in Jurisprudence and Law, 1(1), 45-72.
MLA
zangiabadi,M. . "Validation of arbitration conditions in banking contracts with a jurisprudential and legal perspective", Applied Research in Jurisprudence and Law, 1, 1, 2021, 45-72.
HARVARD
zangiabadi M. (2021). 'Validation of arbitration conditions in banking contracts with a jurisprudential and legal perspective', Applied Research in Jurisprudence and Law, 1(1), pp. 45-72.
CHICAGO
M. zangiabadi, "Validation of arbitration conditions in banking contracts with a jurisprudential and legal perspective," Applied Research in Jurisprudence and Law, 1 1 (2021): 45-72,
VANCOUVER
zangiabadi M. Validation of arbitration conditions in banking contracts with a jurisprudential and legal perspective. Applied Research in Jurisprudence and Law, 2021; 1(1): 45-72.