عنوان مقاله [English]
نویسنده [English]چکیده [English]
Over years Arbitration, as an effective procedure for dispute settlement, has reached a particular position beside the countries’ judicial system, and the remarkable consequences arising from the method increased states’ tendency, day by day, towards selecting that, and replacing it with countries’ customary judicial system. How ever. To achieve this goal, analysis of decisions in courts and jurisprudents’ doctrines as to the definitions of public and governmental properties, their examples, and their difference viewpoint has been conducted. In brief, it is interpreted that if a concluded agreement/contract is within the scope of domestic law, disregarding Article 139 of the Constitution will be the ground of the nullity of Arbitration clause or Arbitration agreement, and the meaning of the public properties and Article 139 of the Constitution is the properties which are out of the activities of sovereignty acts in state’s authority, and the properties which are for tenure acts and trade are not considered as governmental properties.