The scope and limitations of arbitration in resolving disputes in Iranian law

Subject Areas : Nameh Elahiyat

Yasaman Saeidi ¹ , Abd A-Reza Jamal Zadeh ² , Ahmad Baqeri ³

1 - PhD student in Jurisprudence and Fundamentals of Islamic Law at Islamic Azad University, North Tehran Branch
2 - Faculty member of Islamic Azad University, North Tehran Branch
3 - Faculty Member of Tehran University

Received: 2021-10-20 Accepted : 2021-10-20 Published : 2020-10-22

Keywords: Arbitration, dispute resolution, Subject Law,

Abstract :

 Arbitration is one of the most important non-judicial methods that is mostly used in jurisprudential texts. In jurisprudence, it is called arbitration and refers to a technique that takes place outside the tense environment of justice and in a friendly environment with cooperation, in the presence of an impartial third party, this person or third parties or the companions themselves voluntarily. Or it is mandatory for the court to decide for them, but the important point is that the verdict issued by a third party is binding on the parties. This is the reason why arbitration is so close to judicial and judicial methods. As a rule, not every civil dispute can be referred to arbitration, as well as disputes that are both related to public order and good morals, as well as claims that the legislator has explicitly mentioned, such as bankruptcy, litigation on the principle of marriage, the principle of divorce and Genealogy cannot be referred to arbitration, which we will address in full in this study. The main purpose of writing this study is to analyze the realm of arbitration in order to identify and expedite the resolution of disputes, as well as its legal consolidation in reducing the costs and litigants' referrals to courts and delays. Of course, the study on the field of arbitration showed that due to the many advantages of non-judicial methods, but it also has many shortcomings and limitations that with the adoption of new laws in accordance with legal rules and standards and amending existing laws may be a clear horizon to develop this The institution promises.