Volume 26, Issue 2 (2022)
CLR 2022, 26(2): 99-121 |
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Aziziyani M. The Effect of Revoking the Arbitrator's Award on the Arbitration Agreement; Comparative Studying the Iranian Law and the ICSID Convention. CLR 2022; 26 (2) :99-121
URL: http://clr.modares.ac.ir/article-20-64759-en.html
URL: http://clr.modares.ac.ir/article-20-64759-en.html
Lecturer in University of National Defense and graduate of the Doctorate in Private Law from the University of Judicial Sciences & Administrative Services, Tehran, Iran , majidaziziyani@gmail.com
Abstract: (2849 Views)
According to the arbitration agreement, the arbitrators have the authority to settle the dispute of the parties. The invalidity of the arbitration agreement or the arbitrator's award will have a mutual effect on each other. On the one hand, issuing a decision by the arbitration authority is based on the authorities of the arbitration agreement; On the other hand, in binding arbitrations, the arbitrator, by issuing a decision once, is freed from further proceedings, unless a further agreement is made by the parties. The necessity of writing an essay is that in the case of annulment of the arbitrator's award, there is a difference of opinion and procedure regarding the subsequent jurisdiction of the judicial authority and arbitration in future disputes in the arbitration and judicial system of Iran. In this essay, this issue has been investigated and it has been emphasized that the wording of the note under Article 491of Iran’s Civil Procedure According to the fact that "in cases where the matter is not referred to arbitration through the court and the arbitrator's opinion is invalidated, the litigation will be dealt with in the court by filing a petition" refers to the dominant case of arbitration, i.e. binding arbitration; However, in absolute arbitrations, the arbitrator's award is annulled, according to the purpose and philosophy of the parties' agreement to arbitrate, the arbitration agreement is not destroyed, and there is still the possibility of settlement by the arbitral institution. The research method in this essay, while studying legal sources using library tools and studying the judicial precedent, is a descriptive-analytical method of applied type.
Keywords: ICSID Convention, Arbitration, Annulment of Arbitrator's Award, Absolute Arbitration, Binding Arbitration.
Article Type: Qualitative Research |
Subject:
Comparative Law
Received: 2022/10/11 | Accepted: 2022/11/8 | Published: 2022/12/1
Received: 2022/10/11 | Accepted: 2022/11/8 | Published: 2022/12/1
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