Private Law
Shadi Ahmadi Fateh
Abstract
The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between ...
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The arbitration tendency is expanding due to the increasing development of national and international relations as well as the disputes specialization among individuals. Because of the parallel activities conducted by both arbitrator and the court in some cases as well as the close relationship between both mentioned authorities, resolving the scope of court’s arbitration involvement seems to be an essential and problematic issue. Arbitration, as a legal and quasi-judicial technique with the aim of resolving legal disputes, due to some advantages as better justice and efficiency, protection of the parties’ interests and peaceful settlement of disputes, arbitration confidentiality, speed in resolving disputes, will lead to better and faster sentence execution. The exclusion of court’s jurisdiction does not mean that courts do not interfere in arbitral proceedings. Arbitration cannot be survived without any court’s intervention. However, this interference should be delimited and limited; otherwise it may turn into an expression to avoid referring sentence purpose to arbitration. In this regard, the court’s minimum intervention in execution of arbitral award and when the losing party refuses to execute voluntarily, it becomes essential. The courts’ involvement in arbitration can be before this, during arbitration or even after the arbitral award. At any stage, this interference, as supervisory or assisting, articulates a significant section of courts’ proceedings in arbitration process. In most legal systems, it has been considered by enactment of independent laws and articles enactment related to the courts’ intervention in its process.
Private Law
Shadi Ahmadi Fateh
Abstract
Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences ...
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Objective: In international arbitration, three objecting techniques to the arbitral awards are distinguished as appeal, adjuration, and annulment. Although no particular definitions of the above-mentioned terms have been expressed through terminology, they have the profound distinctions and differences and it was unknown to the court as well as to the protesting party.Findings: The reviewing authority is the same court which issued the verdict. Likewise, an appeal is based on both the legitimacy review of the decision-making process and a review of judgment merits which will be disposed in a higher court.Conflict of Interest: The author declares no conflict of interest in the proposed study.
