نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
According to Article 501 of the Code of Civil Procedure for Public and Revolutionary Courts in Civil matters (enacted in 2000), the main element of an arbitrator’s civil liability is the element of fault and there is no necessary correlation between a court’s invalidation of an arbitral award and the arbitrator’s civil liability. Conversely, the court’s confirmation of the arbitral award does not necessarily preclude the arbitrator’s civil liability, and in such cases, the arbitrator’s fault in rendering the award and conducting the arbitration process may still be established. The reason of this order is comparing with the judicial institution and the absence of necessary correlation between the reversal of a judge’s decision and their civil liability, the principle of the relative effect of judgments,the inconsistency of the necessary correlation between the annulment of the arbitral award by the court and (the arbitrator’s) liability with the foundations and principles of civil liability, such as the directness of the damage caused, acceptness of arbitrator immunity in other legal systems, the selection of the arbitrator by the parties in ad hoc arbitration and finally, recourse to some Islamic Jurisprudential Principles such as the Rules of Ihsan (Benevolence) and La Zarar (No Harm). In this article, while examining the methods of the arbitrator’s claim involvement, the annulment of the arbitral award in order to avoid the creation of the arbitrator’s civil liability, the arbitrator’s presence in the proceedings of the annulment action has been supported and consequently, under certain conditions, the possibility of a third-party objection by the arbitrator to the judgment annulling the arbitral award and its reversal has been accepted.
کلیدواژهها English
