خلاصة:
The institution of arbitration, by observing the principle of justice and fairness and considering compliance with all legal requirements and mandatory laws, has been one of the oldest and yet most progressive institutions for resolving disputes and settling legal conflicts in all human societies. Today, in most developed countries, parties to a dispute resort to arbitration institutions to resolve differences before referring to judicial courts. Since the arbitrator's award is conclusive to the dispute and has been made by the agreement of the parties to the arbitration, it is non-appealable, provided that all legal rules related to the issued award have been observed to ensure its irrevocability. In order for an arbitration award to be strong, solid, and non-annullable in judicial courts, it is necessary to precisely study, scrutinize, and analyze the seven cases mentioned in Article 489 of the Civil Procedure Code and to reveal the cases through which arbitration awards can be invalidated based on this single article 5. P
ملخص الجهاز:
Since the arbitrator's award is conclusive to the dispute and arbitration has taken place by agreement of the parties, it is non-appealable; this is provided that all legal rules related to the issued award are observed in the arbitrator's decision to ensure its non-annullability.
In order for the arbitral award to be strong and solid and to become non-annullable in judicial courts, it is necessary to precisely and meticulously study, examine, and analyze the seven cases mentioned in Article 489 of the Civil Procedure Code and to reveal the cases through which arbitral awards can be invalidated based on this single article 5.
256 New Series, Year Five, Number Six, Summer 1399 1399 Matters that arbitration is legally prohibited from In most legal and civil cases, the settlement of disputes can be referred to arbitration; however, there are also cases where arbitration is not permitted to intervene, and the arbitral award is subject to annulment.
According to Article 454 of the Civil Procedure Code, all persons who have the capacity to initiate a lawsuit may, by mutual consent, refer their disputes and disagreements, whether or not they have been raised in courts, at any stage of 257 New Series, Year Five, Number Six, Summer 1399 1399 proceedings be, may refer them to the arbitration of one or several persons.
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