Foundations and Effects of mandatory arbitration in Islamic Jurisprudence, Iran’s Law and England’s Legal System of Common law

Subject Areas : Jurisprudence and Criminal Law Doctrines

Sama Falahti ¹ , Mohammad Babapoor ² , Shokrollah Nikvand ³

1 - PhD student in private law, Varamin Branch, Islamic Azad University, Varamin, Iran
2 - Assistant Professor, Department of Private Law, Varamin Branch, Islamic Azad University, Varamin, Iran
3 - Assistant Professor, Department of Private Law, Varamin Branch, Islamic Azad University, Varamin, Iran

Received: 2024-05-14 Accepted : 2024-08-24 Published : 2024-12-21

Keywords: arbitration, compulsory arbitration, foundations of compulsory arbitration, effects of compulsory arbitration, compulsory arbitration in Iran’s law, compulsory arbitration in common law.,

Abstract :

Sometimes Arbitration is compulsory and parties to the dispute in referring to the arbitration are indecisive. This research surveys the foundations and effects of compulsory arbitration in legal systems of Iran and England. In England’s law arbitration between workers and employers and between consumers and producers is mandatory and some claims are referred to arbitration with the court's recognition. Even with aim of precedent making of compulsory arbitration, a few numbers of disputes are referred to arbitration. In compulsory arbitration, supervisor court determines and controls all process of arbitration including selection of arbitrator, impeachment, appeal and modification of decisions and arbitrator issued a decision by complying with the formal and substantive conditions and the issued decision has legal and establishment effects of the decision. Some non-judicial institutions have necessary authorities and can partially determine compulsory arbitration in some cases and samples with the cooperation of the judiciary. Mandatory arbitration decisions are considered enforceable after appeal or lack of appeal in determined time. The substantive objection to the arbitrator’s decision is rejected, so if the arbitrator's substantive mistake is proved, his civil liability is certain compulsory. Arbitration is possible and enforceable only by agreement of parties, directness of statute laws and administrative rules.