Obstacles to the implementation of domestic and international arbitration decisions with an approach based on Article 139 of the Constitution

Arbitration, as a dispute resolution method, is a contract by which the parties entrust the resolution of current and possible future disputes to their trusted persons in a special transaction, and undertake to implement their judgments, without referring to the courts of law. they do. The arbitrator's decision is the final goal of the arbitration. In the meantime, obstacles and problems may arise during voting, and these obstacles and problems are evident in both domestic and international voting. The implementation of domestic and international judgments in judicial authorities faces legal and judicial problems, some of which are due to legal violations and ambiguity, and the other part is due to the lack of sufficient judicial procedure in the issue of implementation and recognition. The non-appealability of an arbitrator's decision against a third party, as well as the absence of an independent institution to implement the arbitrator's decision within the arbitration institution itself, are examples of problems and obstacles governing the implementation of arbitration decisions. In Iran's legal system, there is a restriction for public and government entities, which has shown itself in the form of Article 139 of the Constitution of the Islamic Republic of Iran. This principle is complete in terms of predicting a supervisory and control mechanism regarding public and government property and assets, but it brings inappropriate effects and consequences in business relations and especially attracting foreign investment, and with the nature of business affairs that speeding up the It is business affairs, it is in conflict. In the present article, an attempt is made to explain and discuss the obstacles to the implementation of arbitration decisions with descriptive-analytical method and library study through data collection.