We last had a glimpse on the complaint submitted before the Competition Council (Council) against Iranian Bar Association Union, Iran Central Bar Association (ICBAR), Judiciary Center for Attorneys, legal experts & Family Advisors and other relevant bar associations in our News and Analysis back in December 2017, promising to further follow up the case. Being the man of our word, in this N & A we are going to discuss the Decision No. 421 dated 30 May 2020 issued by the Council in favor of the respondents excluding their activities from the concept of “economic activity” as stipulated within the cited regulations by the plaintiffs.
The legislature for the purpose of adjudication of each parties and the possibility of reviewing new evidences or the specific circumstances arising in the legal and criminal cases through extraordinary means predicts the required proceedings to appeal the finalized judgments, which is retrial in civil and criminal matters on the one hand and on the other hand the application of Article 477 of the Criminal Procedure Code can be remarked. Therefore, in this article, we will examine the conditions for the application of Article 477 of the aforesaid code.
In April 2013, the Penal Code of Iran (herein after “PCI”) has been subject to partial amendments in regards to discretionary punishments, among which is the concept of criminal liability of legal entities which has been adopted by the legislator in a relatively positive manner. Though, compared to the former PCI, some scholars may deem the latter step well but not sufficient enough to cover the deficiencies related to such concept, herein we would like to have a swift overview to what has been approved by the legislator in this respect.
The constitution of the Islamic Republic of Iran makes several restrictions to International agreements or contracts, especially when an Iranian governmental party is involved. The historical mentality was that, the executive branch might not be vigilant in preserving national interests when foreigners are involved, therefore the legislative branch should be involved as the supervisor. However, these restrictions create serious obstacles for international trade and the day to day business of governing. Therefore, officials and jurists have tried to circumvent these restrictions by presenting a more lenient interpretation of the relevant principles of the constitutions. We will review some of these restrictions below:
The effect of coronavirus has undoubtedly become globally predominant in international commercial domain and this note seeks to examine the consequences of this new phenomenon on legal sector particularly in terms of contract law.
It is undeniable that one of the fundamental element of each contract is parties’ obligations so the question may arise that under covid-19 situation, how the contractual obligations will be performed by the parties.
When dealing with sports law in international arena, one of the main issues to consider is the method of settlement of the disputes in this field. In a country where sports and precisely football is very dear to the hearts of the majority of the population, we need to better understand the mechanism and regulations of the dispute settlement body called Court of Arbitration for Sport (CAS) which is an independent institution facilitating the resolution of disputes involving sporting organizations and their individual members through mediation and binding arbitration.
Investing in the Exchange and Over-the-Counter (OTC) markets of Iran, is not merely confined to Iranian nationals. As the matter of fact, “Foreigners” whether individuals or legal entities may also enter such markets in accordance with the applicable relevant laws and regulations inter alia “The By-Law on the Foreign Investment in the Exchanges and OTC Markets” approved by the Council of Ministers on April 18th, 2010 (hereinafter “the By-Law”).
The Instrument in Support of Trade Exchanges (INSTEX) is a European special-purpose vehicle (SPV) established in January 2019. Its mission is to facilitate non-USD transactions and non-SWIFT to avoid breaking U.S. sanctions. It was particularly established in order facilitate trade exchange with Iran following recent US sanctions and to encourage Iran to remain committed to its commitments under JCPOA. It was introduced on January 31 by France, Germany and Britain, the three countries party to the 2015 nuclear deal.
In recent decades, while the globalization theory tends to potentially enlarge the universal jurisdictions to assist the facilitation of the cross-border interactions among different countries and nations, the question remains why some major international organizations such as WTO have put several restrictions in practice for membership of developing countries such as Iran.
If you have been following the news lately, you have most probably noticed the buzz around Iran accession to UN Convention against Transnational Organized Crime, also known as Palermo Convention which is the main international instrument in the fight against transnational organized crimes, trafficking of human beings, and terrorism.