A Reflection on the Effects of Objection to Foreign and International Arbitral Awards and Its Cases of Cancellation in the Iranian Legal System and International Documents
Subject Areas : Journal of Law and Politics
Mojtaba Zahedian
1
,
Ehsan Bazmi Mayovan
2
1 - Assistant Professor of Private Law, Department of Private Law, Faculty of Law, Political Science and Foreign Languages, Mashhad Branch, Islamic Azad University (IAU), Mashhad, Iran.
2 - Graduate of Private Law, Department of Private Law, Faculty of Law, Political Science and Foreign Languages, Mashhad Branch, Islamic Azad University (IAU), Mashhad, Iran. (Corresponding author).
Keywords: annulment, national courts, objection, invalidity, arbitration,
Abstract :
In recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge the arbitrator's award in international instruments such as the ICSID Arbitration Convention and the International Commercial Arbitration Law in the Iranian legal system is the most important manifestation of national courts' oversight of the arbitration process; However, support for the arbitration process requires that the grounds for objection be as minimal as possible. Explaining Evaluating the effects on them seems inevitable. The descriptive-analytical study of this issue confirms that the non-substantial intervention of the national courts as well as the non-extraterritorial implementation of the annulled arbitral award are the most important effects on the objection to foreign and international arbitral awards. Regarding the aspects (cases) of annulment of foreign and international arbitrations, it should be said that the development of these aspects in the Iranian legal system - which is reflected in the cases of annulment and invalidity of the award in the International Commercial Arbitration Law - is a serious threat to development. Optimal arbitration and its institutionalization in the field of social, economic and international relations, which requires the determination of the country's legislator to make reforms in this legal establishment.
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