Volume 24, Issue 4 (2020)                   CLR 2020, 24(4): 1-24 | Back to browse issues page

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Borumand B F, Shahbazinia M, Arabian A. Procedural good faith of arbitration parties in England and Iranian Law. CLR 2020; 24 (4) :1-24
URL: http://clr.modares.ac.ir/article-20-45152-en.html
1- Phd student,Private law , Faculty of Law ,Science and Research Branch, Islamic Azad University, Tehran, Iran.
2- Associate Professor of private law, faculty of law, University of Tarbiat Modares, Tehran, Iran , Shahbazinia@modares.ac.ir
3- assistant professor of private law, Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
Abstract:   (4717 Views)
In current world, cases referring to arbitration as means of resolving dispute is an undeniable necessity. Due to some deficiencies in Iranian legal system, strengthening this institution seems to require protective of other legal instruments; one of the most important of which is the principle of good faith. Since currently there is no specific criterion for behaviors with good faith in Iranian arbitration laws of our country. This article by examining the principle of fair trial, introduces criteria and factors such as "Clear Hand, Prohibition of inconsistent behavior, Timely production of documents, Prohibition of Evidence hiding" as standards for measuring the parties behavior in obligation to good faith and continuity during the arbitration proceeding. Procedural of good faith concerns proper enforcement of principles of arbitration. Therefor it leads the arbitrators and the parties to the effectiveness of arbitration. In this article by investigating the laws related to arbitration in English and Iranian law and judicial proceeding, analyzes these standards using descriptive-analytic method and the obligation of arbitration parties in this regard and English and Iranian legal system approaches has been examined.
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Article Type: Original Research | Subject: Comparative Law
Received: 2020/08/12 | Accepted: 2021/02/26 | Published: 2021/03/10

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