چکیده:
Third-party objections to arbitration awards pose significant challenges in the Iranian arbitration system. Under Article 417 of the Civil Procedure Code, persons who were not involved in the original arbitral proceedings but whose rights have been adversely affected by an arbitration award are entitled to make an objection. Examining Judgment No. 140168390015020077, rendered by the 195th Branch of the Tehran Edalat Judicial Complex, this study analyzes the procedural and substantive aspects of third-party objections to arbitral awards. In this regard, first the concept and conditions of a third-party objection are explained, and then, by analyzing the award in question, its compliance with the principles of arbitration law and judicial precedent is examined. The research findings indicate that a narrow interpretation of the concept of "infringement of third party rights" can lead to a limitation of the scope of third party objection and infringement of the rights of persons who are not parties to the arbitration agreement. Finally, the article offers suggestions for reforming and clarifying the bases of third party objection in arbitration.
خلاصه ماشینی:
seeking third-party objection to the arbitration award dated 2020/02/21 between the defendants and requesting its annulment; considering the documents and contents of the file and observing the contract between the defendants, and given that the plaintiff had no contractual relationship with the awardee, and furthermore, no damage has been caused to the plaintiff by either party of the arbitration award, and the objection raised by the plaintiff as a third-party objector pertains to Article 489 of the Civil Procedure Law, which this clause relates to the parties of the arbitration lawsuit and not a third party; and noting that the arbitrator's ruling concerns the subject of the dispute and is within the powers derived from the arbitration contract, and considering the origin of the dispute, which is the ordinary contract between them, based on the arbitration clause of the contract dated 2018/11/21, which refers any dispute in the interpretation or execution of the subject of the contract to the arbitrator, the ruling is issued; the presumption is the validity of the arbitrator's ruling.
4) Analysis of execution and substantive characterization 1-4- In the second and third lines of the judgment of Branch 195 of the Tehran General Civil Court, the phrase "requesting the annulment of that arbitration award, considering the contents of the case and the fact that the plaintiff had no contractual relationship with the arbitration awardee, and also that no damage has been caused to the plaintiff by the parties of the arbitration award...
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