نوع مقاله : پژوهشی
استادیار گروه حقوق خصوصی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه فردوسی مشهد، مشهد، ایران
عنوان مقاله [English]
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.