Abstract:
Arbitration, as one of the best and most efficient methods for the peaceful settlement of disputes, especially in the field of 'commercial relations,' has attracted the attention of governments, legal experts, and merchants. The binding nature of an arbitrator's award cannot be extended to awards issued based on 'error' or violation of the fundamental rights of the parties. On this basis and in order to prevent cases such as potential abuse by the parties, arbitrators exceeding their scope of authority, etc., objecting to arbitration awards has been considered and supported in both national regulations and important international documents. However, supporting the arbitration process requires that the grounds for objecting to an award and the instances of its violation be kept minimal as much as possible; otherwise, the diversity of these grounds will always serve as a pretext for the losing party to easily evade the enforcement of the award, which is in conflict and contradiction with the purpose and philosophy of the necessity of arbitration. In Iran, the most important existing law regarding arbitration is the Iranian Commercial Arbitration Law passed in 1997, which is inspired by the 1985 UNCITRAL Model Law of the United Nations Economic Commission. Although its passage is considered a step forward, this law still has deficiencies in areas such as determining the nationality of the arbitrator's award, the scope of application of the law, the grounds for annulment of the award, and the effects of objecting to the arbitrator's award on its enforcement process.
Machine summary:
This article refers to a case where the lawsuit was initially filed in court and the parties, by mutual consent, requested the referral of the dispute to arbitration 2 New Series, Year Six, Number Eight, Summer 2020 1399 Rules and Effects of Challenging Domestic and International Commercial Arbitral Awards have done.
Based on the text of this law and its historical background, this provision refers to a situation 10 New Series, Year Six, Number Eight, Summer 2020 1399 Rules and Effects of Challenging Domestic and International Commercial Arbitral Awards that has taken place, the foreign competent authority issues an order to annul the binding or enforceable award or an order to suspend its enforcement; GNMTC has not yet proven that such a decision has been issued in the proceedings related to the challenge of the award.
Sociate tolasry): In this case, the Supreme Court of France, by virtue of the ruling of March 10, 1993, upheld the decision of the Douai Court of Appeal, which The Law and Effects of Challenging Domestic and International Commercial Arbitral Awards there is no possibility that the annulment of an arbitral award due to violation of the public policy of the contracting country of issuance would be considered within the grounds mentioned in Article 9, paragraph one of the European Convention for justifying the refusal of recognition and enforcement of an arbitral award.
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