Public Order and its Role in the Form of Arbitration

Subject Areas : Journal of Law and Politics

Prof.Morteza Shahbazinia ¹ , Saeed Baazgir ²

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Received: 2015-01-24 Accepted : 2015-04-11 Published : 2015-04-21

Keywords: arbitration, Domestic, International, Public Order, The Form,

Abstract :

Arbitration as an alternative mechanism for the judicial system of high rates of speed, leaving the formalities, expertise, efficiency and cost is less than other solutions. However, this mechanism can be monitored in the absence of a known threat to public order. Public order as jus cogens principles of non-codified legal system and other support such as the morality of values that every person is superior will and decision. This will be a contract or framework agreement could be an arbitration award. In any case, as in the private sphere taken a decision contrary to public order, that decision is deemed to be invalid. In the form of arbitration mechanisms, processes and threads form of jury selection, trial, judgment, evidence in arbitration and enforcement of arbitral award are emerging, each of these processes can be studied from the perspective of public order because of the way the violations public order form, will cause invalidation of privatization would be created.