Basic Principles of Commercial Mediation in the Laws of Iran and Afghanistan

(Based on the Singapore Convention, 2019)

Abstract

Mediation is one of the methods of resolving disputes outside the courts, which is often preferred by both parties for various reasons. In the commercial sphere, this dispute resolution method is widely utilized by business entities. The success and enforceability of an agreement resulting from mediation depend on the recognition and adherence to the fundamental principles of commercial mediation by both the mediator and the disputing parties. However, to date, no comparative study has been conducted on the principles of commercial mediation in the legal frameworks of Iran and Afghanistan. This article aims to identify and analyze the key principles of mediation to enhance the mediation process and prevent challenges to the enforceability of mediation agreements. Adopting a descriptive-analytical approach, this study conducts a comparative analysis of the fundamental principles of mediation under the laws of Iran, Afghanistan, the Singapore Convention (2019), and the UNCITRAL Model Law (2018). The findings reveal that the principles of autonomy, independence, impartiality, good faith, and confidentiality constitute the core principles of mediation under the laws of Iran, Afghanistan, and the UNCITRAL Model Law. These principles play a crucial role in the mediation process, and their violation can lead to the termination and failure of mediation. In some cases, breaches may even result in civil and criminal liability. However, the principles of autonomy and confidentiality are subject to certain limitations and exceptions, which are discussed in this study. Ultimately, the results of this research can assist legal practitioners and commercial mediators—particularly in the Iranian and Afghan legal contexts—in optimizing the mediation process and ensuring the validity of mediation agreements.