University of Tehran Law Quarterly 2588-5618 47 2 2017 06 22 CONCEPTUAL ANALYSIS OF ARBITRATION IN EQUITY AND RELATED INSTITUTIONS CONCEPTUAL ANALYSIS OF ARBITRATION IN EQUITY AND RELATED INSTITUTIONS 269 287 62614 10.22059/jlq.2017.62614 FA Morteza Shahbazinia Associate professor of law Tarbiat modarres university Faculty of law Feizollah Jafari Assistant professor of law Bu-alisina University Faculty of human science Fatemeh Hamidian Master graduate of private law Tarbiat modarres university Faculty of law Journal Article 2016 10 10 One of the most important characteristics contributing to international commercial arbitration popularity as a dispute settlement is the freedom of the parties to choose the applicable law, i.e. the law governing the merits of the dispute and the process of arbitration proceeding as well. This party autonomy is somehow that the parties can allow arbitrators for decision making and the issuance of an award according to principles of equity. Although many international contracts include the arbitration clause based on equity, it is not defined clearly, precisely and even obligatorily in arbitration rules including national laws and international documents. Moreover, there is other similar procedures also that difference between them and arbitration in equity is not determined. Considering amiable arbitration as a way for applying the easier and more flexible solution compared to the arbitrations based on the rules, meanwhile with facilitation of their mutual cooperation even after settling conflict issue through the restoration of contractual equivalence between the parties, this article will analyze and demystify this concept and separate it from similar institutions as to resolution of commercial disputes. One of the most important characteristics contributing to international commercial arbitration popularity as a dispute settlement is the freedom of the parties to choose the applicable law, i.e. the law governing the merits of the dispute and the process of arbitration proceeding as well. This party autonomy is somehow that the parties can allow arbitrators for decision making and the issuance of an award according to principles of equity. Although many international contracts include the arbitration clause based on equity, it is not defined clearly, precisely and even obligatorily in arbitration rules including national laws and international documents. Moreover, there is other similar procedures also that difference between them and arbitration in equity is not determined. Considering amiable arbitration as a way for applying the easier and more flexible solution compared to the arbitrations based on the rules, meanwhile with facilitation of their mutual cooperation even after settling conflict issue through the restoration of contractual equivalence between the parties, this article will analyze and demystify this concept and separate it from similar institutions as to resolution of commercial disputes. https://jlq.ut.ac.ir/article_62614_36e0519e88a854c413c0f5a22a951922.pdf