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Mohammadi H. Mediation and Arbitrability of Commercial Disputes (A Comparative Study in the Laws of Afghanistan, Iran, and the Singapore Convention 2019). SRQJL 2026; 3 (3) :199-223
URL: http://srqjl.knu.edu.af/article-1-84-en.html

Commercial mediation is a modern mechanism for resolving commercial disputes, which has gained increasing popularity and acceptance among litigants in the current century. The cultural background and compatibility of mediation with the Asian region have further underscored the importance of developing and expanding this method. This article, employing an analytical-descriptive method and utilizing library resources, examines and elucidates the concept of mediation and its scope in the laws of Afghanistan, Iran, and the Singapore Convention 2019. The findings of the research indicate that the concept of mediation is identical in all three aforementioned legal systems, and paragraph 2 of Article 2 of the Afghan Commercial Law is considered a result of the legislator's negligence. Furthermore, the scope and arbitrability of commercial disputes in Afghan law are broader than in Iranian law; in Iranian law, disputes related to competition, the stock exchange market, shares, and securities are not arbitrable. However, in all three legal systems, there are limitations on the scope of arbitrability, which are addressed in this research. This study can significantly assist mediators and practitioners of modern methods of resolving commercial disputes.