Private Law
Abdollah Khodabakhshi
Abstract
There is a time allowed for appealing against the arbitrator award (20 days or two months as the case maybe). If this deadline did not respect, the court would issue an order rejecting the petitioner that as specified (As stated) in Article 492 Code of Civil Procedure is certain. Therefore, there is ...
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There is a time allowed for appealing against the arbitrator award (20 days or two months as the case maybe). If this deadline did not respect, the court would issue an order rejecting the petitioner that as specified (As stated) in Article 492 Code of Civil Procedure is certain. Therefore, there is no way for the plaintiffs to challenge the court order! This result, in some cases, is clearly unfair and causes the loss of rights. Thus, a path should be opened for its logical interpretation. As regard that sometimes are seen some obvious mistakes in Arbitrator’s award and Sometimes the first courts make a mistake in calculation of term and deadline of the protest and also in the other words There should be a way to control the decisions of arbitrator, and the court, and the current state of Article 492 of the mentioned law certainly has irrational and unjust consequences. Attentively, the principles of arbitration and the rules related to legal deadlines, consequently the present article tries to show the main purpose of the legislature and the scope of the mentioned article with a view to judicial decisions. It should be said that despite the appearance of this article, its application is not referable.
Public Law
Assadollah Yavari; Yousef Bagheri
Abstract
Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. ...
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Abstract The referral of claims regarding public and governmental properties to arbitration, according to the Principle of 139 of the Constitution and Article 457 of the Iranian Civil Rules of Procedure and Evidence, is subject to the ratification of the cabinet and information of the Islamic Majlis. This limitation has made some challenges, in particular, in the field of international trade and investment. One of the ways for overcoming these challenges is to know when to take the permission for referral of the claim to arbitration regarding properties mentioned in the Principle 139. The time of the conclusion of the contract or inclusion of arbitration clause in the contract is not significant. This article tried, in a descriptive-analytical method, to justify that the time of taking permission for referral of the claims stated in the Principle 139 to arbitration is from the happening of dispute to the final phase of arbitration process and the execution of the award not the time of the conclusion of the contract. Key Words: Arbitration, Principle 139, Public and governmental properties, Claim, the Time of Taking Permission for Referral of the Claim to Arbitration
Mohsen Izanloo; Babak Shid
Abstract
Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration ...
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Traditionally, lawyers believe that the arbitration agreement may not extend to the third parties by referring to the “privity of contract rule”. Actually in many international cases, there are various opinions about the extension of the arbitration to the persons who never signed the arbitration agreement and they are non-signatories. Estoppel rule as the main element of the “estoppel Doctrine on the extension of arbitration” is one of the most famous legal rules and regulations of the common law system, for years has appeared and illuminated in arbitration issues. Despite the importance of estoppel rule and its prevalence in international proceedings, there are no proper researches about the essence and effects of this rule. This comparative study on extension of arbitration agreement to the third parties with emphasis on the estoppel doctrine is one of the newest and practical issues may be the point of challenges between common law and statutory law legal systems.
Shahab Jafari nedoshan
Abstract
Parallel Proceedings, which can be described in short as commencing arbitration and/or litigation regarding related disputes in different dispute settlement forums or mechanisms, most of the time in investment disputes, are caused by the myriads of dispute settlement forums and procedures stipulated ...
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Parallel Proceedings, which can be described in short as commencing arbitration and/or litigation regarding related disputes in different dispute settlement forums or mechanisms, most of the time in investment disputes, are caused by the myriads of dispute settlement forums and procedures stipulated in investment contracts and investment treaties. In spite of the corrosive consequences of the Parallel Proceedings, battling the deleterious effects of it, is not fully developed and yet needs complete attention of the disputing parties to the contractual methods, especially prior to the stage of arising an actual dispute. Arbitral tribunals have developed some principles and mechanisms to battle Parallel Proceedings, most of which require parties’ consideration or initiative to be fully functional. Battling parallel proceedings throughout the period of enforcement of the award involves so many difficulties which in turn show the significance of confronting it prior to the stage of the enforcement of the award
