The principles of proceedings in arbitration and the guarantee of its implementation in Iranian jurisprudence and law and English law
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Background and Aims
The importance of paying attention to the principles of proceedings and the need to comply with them requires that the arbitration rules and regulations, while explaining these principles, also provide for the guarantee of their non-compliance. The purpose of this article is to investigate the guarantee of non-compliance with the principles of procedure in arbitration in Iranian jurisprudence and law and English law.Materials and Methods
The method of the present article is analytical description. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Finding
In the arbitration system of Iran, especially the international commercial arbitration law, attention has been paid to the principles of proceedings. However, due to generalization, there are gaps and ambiguities regarding the status and guarantee of non-compliance with arbitration principles. And the arbitration system of this country, considering the most minor issues, has faced non-observance of procedural principles with the guarantee of effective and efficient implementation.Conclusion
Iran's commercial arbitration law is the first experience of a modern law in line with internationally accepted standards. With the approval of the law, the freedom and discretion of the parties and arbitrators have increased considerably and judicial intervention has decreased.Keywords:
Language:
Persian
Published:
Economic Jurisprudence Studies, Volume:5 Issue: 3, 2023
Pages:
699 to 716
https://www.magiran.com/p2647923
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