درخت حوزه‌های تخصصی

The resignation of an arbitrator constitutes one of the grounds for the termination of an arbitrator’s mandate, as provided for in most national arbitration laws and institutional arbitration rules. However, the legal dimensions and implications of such resignation- including its effects on the parties’ rights and the arbitral proceedings- may vary depending on the arbitrator’s motives for resigning and the justifiability (or lack thereof) of those motives. For instance, the acceptance of a resignation, the method of appointing a substitute arbitrator, the possibility of continuing proceedings before a truncated tribunal (i.e., without replacing the resigning arbitrator), and even the arbitrator’s potential civil liability may be subject to differing legal determinations based on whether the resignation is deemed justified. Domestic and international arbitration laws and rules have addressed arbitrator resignations through divergent approaches, often focusing solely on the replacement of the arbitrator while neglecting broader legal and ethical challenges. These challenges include the permissibility of resignation, its acceptance, its impact on the continuation of proceedings, and the prevention of its abuse. The unique characteristics of the Iran-U.S. Claims Tribunal have rendered the issue of arbitrator resignation particularly significant within its framework. Notable in this regard are the Tribunal’s jurisprudence and its modifications to the UNCITRAL Arbitration Rules- aimed at mitigating procedural delays arising from resignations. One of the most consequential procedural rules derived from the Tribunal’s experience is the addition of Paragraph 5 to Article 13 of the UNCITRAL Rules, which imposes an obligation on the resigning arbitrator to continue participating in proceedings (post-resignation) in cases where they have already taken part in the merits hearing. This provision, known as the Mosk Rule, has introduced a distinctive mechanism to safeguard procedural integrity. This article examines the rationale behind the Mosk Rule, its legal effects in light of general principles governing arbitrator resignation and replacement, its implications on the parties’ rights, the imperative of ensuring fair and equitable proceedings, and the preservation of arbitration’s legitimacy and credibility. Furthermore, the study proposes measures to deter unjustified resignations and mitigate their adverse impact on arbitral proceedings.

Background and Theoretical Basis: In today's world, due to the relatively complex procedures of judicial proceedings in national and international courts, the use of arbitration for the resolution of disputes is expanding. International maritime arbitration has a special place because more than 90 percent of goods and maritime trade is carried out by sea and ships, and this type of arbitration has been identified as a special category of arbitration in the guidelines of the International Bar Association (IBA). Relatively few law firms specialize in maritime arbitration, and there is a need to pay attention to the resolution of disputes between shipping companies at the national and international levels, given the high volume of international trade. Methodology: In this research, using a descriptive-analytical method, the identification of the parties and the entry of a third party into the arbitration of maritime disputes were studied and analyzed. The purpose of this article is to analyze and discuss the approaches adopted by arbitral tribunals and courts regarding the legal status of non-signatory parties in the context of the two main centers of maritime arbitration: London and New York. Findings and Conclusion: As a matter of principle, only parties who have executed an arbitration agreement will be bound by it. However, there are exceptions where parties may be allowed to refer to or be forced to arbitrate even though they have not signed an arbitration agreement.  In the maritime industry, the issue of determining whether an arbitration clause is binding on third parties is critical. The structure of this section is susceptible to disputes involving non-signatories. Usually, maritime contracts are concluded by third parties in the framework of agency relationships, and contracts are assigned. Also, whether bills of lading can bind the holder to the charter party's arbitration clause is often disputed. The complexity of today's maritime trade has resulted in operators such as ship-owners, charterers, and cargo owners often operating in a corporate group structure where affiliates in specific business areas are interrelated and sometimes operate as an organization. "Front" for other companies.

Background and Theoretical Foundations: During natural and man-made crises and hazards, global pharmaceutical supply chains have experienced fluctuations in demand, production capacity issues, and distribution problems. The prevention and management of these challenges are crucial for maintaining public health, as the scarcity of essential medicines, vaccines, and blood products can pose severe health risks and hinder medical care. The present research aimed to develop a model of pharmaceutical cold logistics management during and facing maritime crises. Following a practical objective, this study is exploratory-descriptive in nature and benefits from a mixed methods design. Methodology: The statistical population of the research includes academic and military experts in the field of Supply Chain Management and Maritime Crisis Management. They involve 20 in the qualitative phase using purposive sampling and 120 constitute samples in the quantitative phase using convenience sampling. The qualitative phase was run through conducting semi-structured interviews, and a questionnaire was administered in the quantitative part. Data were qualitatively analyzed through thematic analysis, and a partial least squares (PLS) structural equation was run to quantitatively analyze the questionnaire. Findings and conclusion: Results showed that the drug cold logistics management during the crisis includes the main themes of the application of emerging technologies, information and communication management, pharmaceutical supply and distribution management, quality and trust management, and pharmaceutical supply chain audit. Based on the quantitative findings, the structural model of the research was approved, possessing sufficient validity according to the quality indices. Finally, the results of ranking the dimensions of the research based on the Friedman test showed that the application of emerging technologies in the management of maritime crises had the highest importance, and the pharmaceutical supply chain audit was found to be the lowest priority in the management of maritime crises.