The Explanation of Litigation Principles and Formalities in Arbitration

According to the provisions of Civil Proceedings Code، courts procedural principles and formalities are not required to be respected in arbitration. Such provisions are differently interpreted by lawyers. Some lawyers believe that since arbitration is a kind of personal judgment، it should not be subject to the civil procedure and therefore arbitrators directly or with the request of the parties may refrain from applying the courts procedural principles and formalities in conducting arbitration. In contrast، some other lawyers argue that since such principles and formalities are compulsory، permanent and general، therefore it is binding for both court judges and private arbitrators. In this paper، this issue will be considered and discussed.