The Scope of the International Commercial Arbitration Law and the New York Convention; A Look at the Judgment of Branch 14 of the Tehran Public Court مقاله

خلاصه ماشینی:

The Scope of the International Commercial Arbitration Law and the New York Convention; A Look at the Judgment of Branch 14 of the Tehran General Court 1 Mohammad Javad Shariat Bagheri Abstract The present article analyzes and critiques the judgment issued by Branch 14 of the Tehran Civil Court in a case concerning the request of an Iranian company to annul an arbitral award in the Netherlands. Considering the comprehensive contents of the case file, the performance of legal formalities, the scheduling of the hearing, the summoning of the parties, the hearing of the statements and defenses of the honorable counsels of the litigants, the scrutiny of the submitted briefs, and the evaluation of the evidence presented, although the competent national judicial authority from which the recognition and enforcement of the foreign arbitral award is requested may refuse recognition and enforcement only if the party against whom the award is invoked requests it and only if their defenses comply with the reasons enumerated in Clause 1 of Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards drafted in New York in 1985, considering that first: Arbitral Award No. 110028 dated 24/02/1399 is outside the scope of the International Commercial Arbitration Law enacted in 1997 because it is on one hand, the arbitration was issued outside the territorial jurisdiction of Iran, and on the other hand, the arbitration procedure was conducted in accordance with Dutch law; therefore, the honorable counsel for the claimant's reliance on the sovereignty of the aforementioned regulations lacks legal validity.