Court Assistance in Arbitration; Principles and Facts

The principle of non-interference of the court in arbitration is considered as one of the important principles governing arbitration. According to principle, which is considered as a result of principle of rule of will, arbitration is an independent institution and court is not allowed to interfere in arbitration. In general, although this principle is often defended in arbitration, most legal systems principle is not absolute and in some cases the benefits of court intervention in arbitration could not be ignored. Because in some cases, achieving the goals of arbitration requires intervention of court. The involvement of court in arbitration for purpose of assistance can be seen in structure and formation of arbitral tribunal, as well as issues related to nature of arbitration. Accordingly, court's involvement in arbitration could be divided into substantive and formal matters. Effectiveness of arbitration process and proper guidance and organization of arbitration process are among principles of jurisdiction of court to assist in arbitration in Iranian legal system. It is proposed that in order to prevent unwarranted interference by the court in arbitration in Iranian law, the cases of court intervention should be limited to ones specified in law. This issue is taken into account in UNCITRAL Model Law.