چکیده:
The Arbitration is one method of the Alternative Dispute Resolutions (ADR) with a quasi-judicial nature. The Foundations of this method are reduce the cost of resolving disputes, saving time and etc. The compliance with the objectives is subject to the quality of hearing and award in the arbitration process. The efficiency of arbitration is displayed in the award. The effective award is reasoned. The Iranian legislator approved this rule. Several questions will be asked about this rule: Is the concept of a reasoned arbitration award and a reasoned judicial judgment the same? Are there foundations of judicial judgment in arbitration award? What is the sanction of unreasoned arbitration award? What is the approach of the International Commercial Arbitration Rules?
خلاصه ماشینی:
In paragraph 4 of Article 296 of the Civil Procedure Code, it is also stated regarding the court’s ruling that it must contain “aspects, reasons, documents, principles, and legal materials on which the ruling is based,” and in Article 23 of the Criminal Procedure Law, it is also stated 1 that “the judge’s decision must be justified and reasoned.
If the court’s award is limited to stating the ruling and does not address the reasons and justification, the parties to the dispute will naturally not be convinced to accept the award, because they do not know how the judge reached such a conclusion.
In this regard, a judgment states: “Arbitration, although entrusting the subject of the dispute to a private judge, if it is placed in the course and passage of judicial evaluation and supervision, must comply with the minimum rules regarding judgment and dispute resolution, including what is in Articles 3, 4, and 482 of the Civil Procedure Law regarding the reasoned and documented nature of the award…” 1.
The argument supporting this view is is that in Article 489 of the Arbitration Law, reference is made to inconsistency with the laws “creating rights,” and since such inconsistency is not synonymous with the necessity of basing the award on legal rules, no enforcement guarantee of annulment can be considered for the lack of reasoning and justification in the arbitrator’s award.
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