Judging by the Code of Civil Procedure and Judicial Institutions in Iran

Publish Year: 1398
نوع سند: مقاله ژورنالی
زبان: English
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شناسه ملی سند علمی:

JR_JELSM-6-3_001

تاریخ نمایه سازی: 6 اسفند 1398

Abstract:

In developed countries, institutionalized arbitration debate, As it is considered as a profession. And if the parties to the contract encounter any difficulty in enforcing the terms of the contract, they shall submit their dispute to the arbitrator or arbitrator specified in the contract prior to any legal action and referral to the law and the arbitrator The action is respected and respected. In the Islamic Republic of Iran in Articles 454 to 501 of the Civil Procedure Code to discuss the judge s seventh. As to the arbitrator, sometimes the arbitrator is a real person, meaning the parties to the contract are selected as arbitrators and referenced in the context of the contract, and sometimes it is a legal person, meaning they appoint a company or institution as the arbitrator. The merits of referral to arbitration are that the choice of arbitration method for resolving financial, partnership and contractual disputes is less costly than litigation. In addition, it doesnot require observance of the formalities and procedures of civil litigation and on the other hand the relationship between the parties and their interaction with the arbitrator (s) is better.

Authors

Khodadad Khodadadi Dashtaki

PhD in private Law, Payame Noor University, Tehran branch, Tehran, Iran

Nasim Rahimi Khoshui

BA in Law, Payame Noor University, Isfahan Branch, Isfahan, Iran

Fatemeh Mehdi

BA in Law, Payame Noor University, Isfahan Branch, Isfahan, Iran