Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

Cases of revocation and annulment of the arbitrator's decision in the civil procedure law

Document Type : Promotional article

Authors
1 Professor of International Trade Law at the University of Judicial Sciences and Administrative Services (Tehran)
2 PhD student of private law at Gilan University
Abstract
Although the arbitration award is issued by the parties' chosen persons, there is a possibility of protesting it by the litigants who consider it unfair or by third parties whose rights are affected by the award. Regarding the ways in which it is possible to object to the arbitration award, the Civil Procedure Law provides for seven cases in Article 489, in each of which the arbitrator's award is invalid and unenforceable. Basically, the arbitration award is annulled. or implemented. As a result, the competent court's decision to annul or confirm the contested decision will be challenged, and the competent court is prohibited from entering into the nature of the claim and dealing with it. However, the contractual nature of arbitration does not prevent the arbitrator's decision from being enforceable in any form and quality. Courts will rule on the annulment of the arbitration award only if the applicant's request for annulment is justified. Nevertheless, it should be seen if the proceedings of the courts are limited to the cases specified in Article 489 or if there are other reasons for annulment of the arbitrator's decision, and if they are verified, a judgment can be issued to annul the arbitrator's decision. Examining and thinking about these matters is the main topic of this article.
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