تشکیل دادگاه دریایی در نظام قضایی ایران؛ از ضرورت تا اجرا

Introduction
A considerable part of maritime law matters, was incorporated into the Iranian Maritime Act of 1964, by way of adaptation from certain international conventions and/or Acts/ legislation enacted by other countries. Accurate and proper judgment in relation to these issues requires the establishment of specialised courts and adjudication by knowledgeable and experienced judges.
Accordingly, in light of the experience of numerous countries and various facts, particularly the significant volume, importance and technical complexity of various maritime claims, it is necessary to establish a specialised maritime court as a dedicated court in designated judicial districts, endowed with certain specific powers and duties, including in particular with respect to the enumeration of claims subject to its jurisdiction, service of judicial documents outside Iran, the conduct of proceedings, ship arrest, among other matters, within the judicial district of Tehran and littoral provinces in order to adjudicate such claims.
 
Methodology
This article examines the necessity for, and the modalities of, the establishment of maritime courts in Iran’s judicial system using a comparative and analytical methodology based on documentary and library research.
 
Conclusions
Issues arising within the field of maritime law are generally highly specialised in nature, and a significant portion of them were entered into the Iranian Maritime Code of 1964 through the incorporation of international conventions or foreign laws. Proper and thorough adjudication of such matters, from various perspectives, requires the existence of specialised judicial bodies staffed by knowledgeable and experienced judges.
Despite this requirement, and notwithstanding the explicit provision of Article 188 of the Iranian Maritime Code of 1964 requiring the establishment of maritime courts to adjudicate disputes arising from the implementation of the law, as well as Article 23 of the Law on the Protection of Seas and Navigable Rivers against Oil Pollution of 1389 (2010), which obliges the Judiciary to designate specialised courts in littoral provinces to hear maritime claims, this requirement has yet to be implemented within Iran’s judicial system.
In practice, general courts located in Tehran and the various provinces, in accordance with the provisions of territorial jurisdiction set forth in the Code of Civil Procedure or any other relevant laws, exercise jurisdiction over diverse maritime disputes.
This objective has been achieved in other countries through a variety of institutional arrangements. In England, pursuant to the Senior Courts Act 1981, the Admiralty Court sitting in London has inherent jurisdiction over maritime claims. Concurrently, under the County Courts Act 1984 and subject to the prescribed monetary thresholds and the discretion of the higher judicial authorities specified therein, certain of the county courts throughout England and Wales may also exercise jurisdiction over maritime matters.
In France, commercial courts have jurisdiction over maritime disputes as part of commercial litigation; however, in areas where such courts do not exist, tribunal d’instance / judicial courts are authorised, subject to legal conditions, to hear maritime claims.
In China, specialised maritime people’s courts set up across the country have jurisdiction over maritime disputes.
In Iran, apart from the statutory obligations set forth in Article 188 of the Maritime Code and Article 23 of the Law on the Protection of Seas and Navigable Rivers against Oil Pollution (1389), and in light of multiple considerations—particularly the significant volume of maritime litigation and the importance and technical nature of such disputes—it is necessary to establish maritime courts as specialised judicial bodies within the judicial district of Tehran, as well as, where deemed appropriate by the Head of the Judiciary, in selected judicial districts of littoral provinces.
From a procedural perspective, considering the legal approach of the countries examined—where general civil procedural laws govern maritime litigation—and with careful regard to the provisions of the Iranian Code of Civil Procedure, it appears that this Code possesses the requisite capacity to govern the adjudication of maritime disputes .
Accordingly, within the framework of a law on the establishment of maritime courts, besides detailing provisions relating to the establishment of such courts and clearly defining their subject-matter and territorial jurisdiction, it should incorporate, where required, specific procedural and formal rules, including those concerning the service of judicial documents upon persons residing outside Iran, appropriate regulations governing the course of proceedings and evidentiary matters, as well as special rules on the arrest of ships. In this manner, the application of the Code of Civil Procedure to maritime disputes could be supplemented or modified to the degree required.