Revision to Arbitral Award (a note to judgment no 9909970221500136 of 15th branch of Tehran Province Appeal Court)

The Judgmant in question is the judgment of the Court of Appeals of Tehran Province, which, by annuling of the judgmant  of the first court, with arguments, has accepted the possibility of retrial or revision from the arbitrator's award; An opinion that may be scarce in our jurisprudence in this regard. Arguments of the issuing court, including the possibility of retrial due to the possibility of court rulings and the non-exclusion of that method of arbitration, as well as attempts to read unfairly the interpretation based on the impossibility of retrial or revosion in arbitration, are un consistent with some principles and laws. Because the rules of civil procedure have determined the procedure of different courts and authorities, and due to their jurisdiction or guarantee, they do not have the ability to be widely interpreted and developed by analogy. Moreover, the legislature has enumerated the methods of appealing against court rulings in two ordinary types (including appeals and default judgment) and extraordinary methods (including third party appeals, retrials and appeals to supreme court), and in the case of arbitration, the only way to appeal the arbitrator's decision is to annul. It has considered the existence of the aspects mentioned in Article 489 of the Code of Civil Procedure by proving its existence, and has only mentioned in Article 418 of the Law that it has mentioned the possibility of a third party objecting to the arbitrator's award. In other words, if the legislature considered the possibility of an default judgment objection, an appeal, an appeal to supreme court, and a retrial against the arbitrator’s award, it would refer to it as a third party objection or provide a basis for agreement. The other reasoning of the court, which stated that not accepting and not extending the retrial from the court rulings to arbitration in some cases, violates the lost right of litigant, because the judge in the trial position must be bound by law and base his decision on the law and refer on them in his judgmant. Therefore, the authors of the judgmant, while praising the sense of justice of respected judges, deserve criticism.