جستجوی مقالات مرتبط با کلیدواژه « Arbitration » در نشریات گروه « علوم اجتماعی »

In the Iran Chamber of Commerce, a special department is responsible for dealing with trade between Iran and Iraq, which is called the "Iran-Iraq Chamber of Commerce." The arbitration process for disputes between businessmen of the two countries is assigned to this institution. The said chamber does not have its own rules and generally conducts the arbitration mechanism by extending the rules of the Chamber of Commerce. In this research, the legal requirements governing this institution have been studied analytically-descriptively based on the views of Imam Khomeini. It was concluded that according to the broad interpretation of the statements and rulings of Imam Khomeini, arbitration between the merchants of the two countries, which have a Muslim majority population, should be done by Muslim arbitration and through mediation. Only if two non-Muslim businessmen are co-religionists will not be barred from electing their co-religionist arbitrator. This dispute resolution procedure should be mandatory and the process should be done in the shortest possible time. There is a need to clarify these issues within the framework of a legal source by formulating the regulations specific to the Iran-Iraq Chamber of Commerce.

In the latest dispute resolution model recently implemented in the Ministry of Petroleum, several dispute resolution methods are combined as a precondition for arbitration, and referral to arbitration and finally the judiciary is the last resort. The purpose of using this model is to reduce dispute resolution costs and relatively high satisfaction with it. This method is largely unknown in Iranian law and its legal practice is ambiguous. In this research, the nature and effects of using this method of dispute resolution in the Iran-Iraq Chamber of Commerce were studied analytically-descriptively. There is a large volume of dispute between the two countries. It was concluded that if the parties agree to use this method of dispute resolution, it can be considered correct in the legal framework. However, if there is no will to choose it, according to the administrative rules of the Chamber of Commerce, it can not be considered as a mandatory method of resolving disputes, because the principle of arbitration in the Chamber of Commerce is not mandatory. If the relevant regulations are amended and this method is forced to be used, the level of satisfaction with resolving the dispute between the Iran-Iraq Chamber of Commerce can be considered high.

Pursuant to Article 27 of the Family Protection Law, arbitration in divorce cases, except for the type of agreement, requires referral to arbitration. Given that this type of compulsory arbitration is part of divorce, the question arises as to what it means to religious minorities residing in the country due to its application as a personal status. This research has been done by analytical-descriptive method with the aim of answering the mentioned question. It was concluded that according to the summary of different opinions, compulsory arbitration of divorce has a more jurisprudential basis and is deeply related to the issue of divorce. Therefore, this is considered a part of personal status and in the case of religious minorities, it must be done in accordance with its religious principles. Given that pre-divorce reconciliation efforts are also recommended in the sharia of religious minorities residing in the country, it is possible to make the principle of arbitration mandatory for them as well and leave the implementation of its details to their associations. In this case, the executive by-law needs to be prepared by the judiciary for coordination. Therefore, the principle of compulsory arbitration can be extended to religious minorities residing in the country, but the conditions provided for in the law must be prepared in accordance with the religious rules of religious minorities and in the form of internal regulations of associations, necessary.

The issue of family court proceedings is one of the important discussions in the field of family law and judiciary bodies dealing with family affairs. It must be definitely claimed that failure to observe some principles in court proceedings related to family lawsuits may render rules and verdicts of family courts invalid. In this paper, we have tried to find an appropriate answer to this essential question: Are the court proceedings special for family lawsuits founded based on certain principles? In response to the above question, while investigating the sensitive position of the family institution through a descriptive-analytical method and based on rules and regulations, the efforts by the legislator to enact laws related to this important institution of the community have been hypothesized. This is, on one hand, to take into account various individual, social and family considerations, and on the other hand, to enact laws for sustainability of family relations. Therefore, undoubtedly certain principles must govern family court proceedings. The legislator has paid special attention to observing what is good for children, young adults and women according to the principle of expediency – which is a jurisprudential principle – and has avoided unnecessary formalities in family court proceedings in line with observing what is good for families and accelerating settlement of family lawsuits. Given close connection of family lawsuits with public order, the need for private session of court proceedings is proposed. Finally, referring all family lawsuits to arbitration is requested as a Quranic and jurisprudential principle. In the midst of discussions, we have reviewed Imam Khomeini’s views when needed.

The family is the fundamental unit of every society, which is considered the foundation of human society and the main center of growth and excellence of people, but like any other institution, it may be affected by fluctuations, conflicts and differences, which should be tried according to its special position. That these disputes be resolved in a way that does not harm the valuable position of the family and the moral rules governing it.

The present research was carried out using a descriptive and analytical method.

Among the challenges of the arbitration institution in preventing family lawsuits are the lack of specialization of arbitration in the field of family disputes, the judiciary as the main authority for dealing with family disputes, lack of attention to the efficiency of popular institutions, lack of The special procedure and the non-use of arbitrators who do not have full knowledge of the family disputes of the parties can be mentioned. Referring family lawsuits to arbitration is a preventive institution to prevent the escalation of disputes and sometimes the separation of couples from each other. In the resolution of family disputes, it is very important to preserve the dignity and sanctity of the family and prevent the sanctity of this holy institution from being broken. Therefore, o possible within the family environment and prevent these disputes from spreading outside the environment. The family should refuse, which itself causes more differences and makes the way back more difficult.

One of the major issues in societies, including our country, is the issue of couples' divorce. Unfortunately, the divorce rate is increasing in other societies and in Iran. And it has irreversible effects on families and consequently on society because the family is the most nuclear part of society. In other words, divorce is an issue that has always been given special attention in the laws of different countries due to its social aspect. The impact of the law on the divorce rate is more or less accepted in Iran and other countries of the world. The purpose of this study was to recognize the importance of expertise and skills of family court judges on the divorce rate. In this research, grounded theory (basic theory) has been used; Which is a kind of qualitative research method. In this study, data were collected through review of court documents, statistical review in the Statistics Center and interviews with clients, judges, lawyers and arbitrators. Proper enforcement of arbitration in family court is effective in reducing the divorce rate. Also, increasing or decreasing the divorce rate is related to the main categories related to the subject of arbitration, in the individual field (expertise and skills of arbitrators), in the social field (arbitration environment) and in the legal field (pre-trial and late arbitration); That is, the lack of expertise, knowledge and insight of the arbitrators, the tense environment of arbitration in court and the priority of filing a divorce petition over arbitration, have caused the desired results of arbitration between couples in order to resolve disputes. Today, arbitration in family lawsuits has become more formal.

The tendency to resolve disputes through arbitration due to its features and benefits as well as the reduction of court appeals has flourished today. This method has the necessary capacities to be used in various lawsuits, including its effectiveness in family disputes. Accordingly, we seek to examine the position of the arbitral tribunal in resolving family disputes in Iranian law. And how can using this method in resolving family disputes prevent crimes in this regard?

This article is written in an analytical-descriptive manner.

In the studies conducted, it is observed that Iranian law has the necessary capacity to use dispute resolution through arbitration in resolving family disputes, and thus can prevent crimes due to the escalation of disputes. Between couples, it reduces the burden on the courts and prevents delays in litigation, and ultimately improves the judicial system.

Arbitration in family lawsuits is different from arbitration in commercial lawsuits and arbitrators do not have the right to vote. Therefore, it is necessary to amend the laws in this regard and resolve family disputes through arbitration in terms of nature, powers of arbitrators and the possibility of referring more cases of disputes to arbitration to provide easier conditions

The family is the foundation of human society and the main center of growth and excellence of individuals. However, like any other institution, there may be conflicts and disagreements. In many cases, these family tensions lead to separation and separation of couples. Today, the legal solution for separating couples is to go to family court. As a result, and according to the laws in question, resolving disputes in family lawsuits is the responsibility of the arbitral tribunal. The Family Protection Law adopted in 2012, according to the order of the holy sharia of Islam, has made it necessary to refer divorce cases to arbitration. This is a legal requirement to bring about peace and reconciliation between conflicting couples and to support a family unit that is on the verge of breaking up. Therefore, the present dissertation uses the library method to examine the role of arbitration in reducing the number of cases submitted to the judiciary with emphasis on family lawsuits. The most important results of the research are that; Due to the importance of the position of arbitration in resolving disputes and encouraging people in the community to refer to the arbitration institution, it is necessary. One of the issues that is being considered today in reducing the rate of divorce and the social harms caused by it, and which has lost its function in the family justice institution today,

The validity of the judicial seal as a universal principle to prevent the resumption of litigation and to maintain public order in relation to the judicial order is common in legal systems. In contrast, out-of-court dispute resolution processes such as arbitration, mediation, conciliation and negotiation are not based on the same rule, and the question is whether these processes extend to the scope of validity of the adjudicated case or not?

The method of writing this article is descriptive-analytical.

In addition to being low-cost, the dispute resolution processes described in the customary system have a wide range of examples. In contrast, the first step in resolving a dispute in Iranian law is to file a lawsuit in court, and the use of these methods is seldom and sometimes considered as leverage for pressure from the other party.

Despite many differences, arbitration, along with the court ruling, has entered the scope of validity of the final judicial case, while other processes due to the lack of effectiveness of the accepted principles of the validity of the adjudicated case, such as certainty and finality in terms of enforcement. They do not have the power to enter into this credibility, and their only advantage in the Kamnala system is to end disputes by relying on these processes and avoiding imposing costs on the judiciary.

Today, the confidentiality or, conversely, the openness of commercial arbitration in recent years has become one of the most controversial issues in the legal forums and judicial procedures of the courts of different countries. One of the advantages of arbitration over court proceedings is its private nature and closure, which means that the litigants, unlike the litigants in their courts, choose the method and manner of resolving disputes, and in most cases they are arbitrators or The judges are selected and appointed to this task. Therefore, the main purpose of this study is to investigate the confidentiality of arbitration and its necessity in international trade. The present study was conducted by descriptive-analytical method. There is a close and close relationship between the litigants and the members of the arbitral tribunal. For this reason, it is said that hearings and hearings of the jury are private and usually only those who have agreed to the litigation will be allowed to attend. The findings of the present study show that the confidentiality of arbitration is accepted as a principle in domestic and international courts in most countries. The denial of the obligation of confidentiality of arbitration by some governmental judicial authorities has caused some arbitration laws in different legal systems to explicitly state the implicit condition of confidentiality of arbitration. Failure to comply with this obligation by unauthorized committed persons may result in civil and criminal warranties, as the case may be.

The general policy of the legal system in the Islamic Republic of Iran is encouraging arbitration and institutionalizing it. In the legal system of Iran, arbitration has two functions. In the Civil Procedure Code, it has a contractual basis and is a pseudo-judiciary institution. This institution can go to settle suits alongside with juridical courts. In the Protection of Family Act, however, it is a legal must for divorces on which spouses have not mutually agreed. It is a non-judiciary institution merely aimed to make peace and agreement between spouses. For this reason, contractual arbitration has more capacity to settle suits including family ones. Studies show that, in the Protection of Family Act, arbitration is awfully useless and plays a negligible role in solving family’s problems. Thus, it is better to use contractual arbitration in family law. Through contractual arbitration, spouses become, voluntarily, obliged to settle their problems through an arbitrator on which they have previously agreed and, so, avoid referring to the court. With the contract of arbitration, spouses negate themselves of the right to refer to judiciary courts and, they are not able to file the subject of arbitration in the court unless through an agreement.

Islamic - Iranian model of progress must have balanced sections in terms of growth and progress. One of the needs of the new era of social life is the extensive and interconnected communication between governments and international institutions. Each state, based on its absolute and relative advantages, sets its own development policies and programs. In today's world no activity is done without using energy. Naturally speaking, our country also has rich oil and gas resources, which because of two vital energies is ranked the first in the world. The development engine, on the other hand, relies heavily on the international trade of these two strategic products. Therefore, it is essential to anticipate any developments in oil and gas contracts which may be associated with our national interests. This paper, with this macro approach, analyzed and studied this issue and after assessing the general terms and concepts, based on an analytic - descriptive approach, previews the Iranian law and legal doctorines in this area, and offers solutions for optimizing disputes settlement in the economic area of energy in light of Islamic-Iranian model of progress and arbitration as the most important factor in theinternational law. It seems that it can be realized, with regard to new issues such as determining and explaining arbitration agreements, constitutional reform, and the effort to create an independent arbitration body in the oil industry.

Family is the basic unit of the society and the main center of human excellence. However, sometimes some disputes or disagreements occurred, particularly between the couples. In this case, one cannot solely rely on the legal rules in the dispute settlement, such as referring the disputes to the courts and judicial proceedings, since these are not in accordance with family policies and are not, then, fruitful. The present study, then, attempts to see whether these disputes, if occurred, can be settled causing the least harm on the family policies and its governing principles. It seems that the dispute to the arbitration, respecting the relevant verses in Quran in Nesaa' Surah (through holding some internal gatherings and before deteriorating the disputes) can highly save the reputation of the family and its holiness. Despite the "new law supporting the families"(2013) and the rules mentioned there on the arbitration, there are some shortcoming regarding the dispute settlements, and the approach is not fully according to the relevant views in Quran.

In the collection of rules devoted to family, the legislator, before the Islamic revolution, set up an institution called “Dāvari”_ judgment_ and codified regulations for it. After the Islamic revolution, however, “Dāvari” was replaced with “Hakamiyyat”_ arbitration_ and the related regulations were modified. Presently, in accordance with “the single-clause act of the divorce regulations amendment law” and “the executive by-law”, family courts judges send divorce petitions to “Dāvari” so that arbitrators can do their best to prevent divorce and reduce divorce rates. The increase in divorce rates in the recent years resulted in questions concerning the law and the way it is executed in family courts. Thus, the paper discusses over issues such as the concept and nature of arbitration, arbitration procedures, the subject matter and the limits of arbitration, the criteria for selecting arbitrators in the Holly Quran, the jurisprudential texts, and the related acts of parliament. The statistical study shows that the law is inefficient due to the shortcomings. Finally, suggestions are proposed at end of the paper to improve arbitration law.