Award validity criteria in national and international arbitration: looking at Iran's international commercial arbitration law
Arbitration is an alternative method for conflict resolution, in this way that the resolution of the dispute is entrusted to a person or persons with the consent of the parties. They issue votes. But what is important among these are the criteria that an arbitration must consider in order for the vote to be valid.
This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.
In order for the arbitrator to be able to issue a valid decision, he must consider the criteria that are provided in the text of the law. In the review of the Civil Procedure Law and the International Commercial Arbitration Law of Iran, these criteria are stated and can be calculated as follows. These cases include maintaining the confidentiality aspect of arbitration, compliance with notification formalities, justification of the decision, eligibility of the parties to the lawsuit and arbitrators, expiry of the arbitration period, non-compliance with legal conditions in the selection of arbitrators, invalidity of the arbitration agreement and non- arbitrariness and non-arbitrability of the dispute. By considering these cases, the arbitrator can issue a valid decision and cancel the preventive decision.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.