Judicial Procedures Related to Public Order as one of the Obstacles to the Implementation of Foreign Arbitration

Subject Areas : Political and International Researches Quarterly

Mehdi Asgharimoghaddam ¹ , Mostafa Mandegar ² , Mostafa Elsan ³

1 - PhD Student in Private Law, Yazd Branch, Islamic Azad University, Yazd, Iran
2 - Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3 - Associate Professor, Department of Law, Shahid Beheshti University, Tehran, Iran

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: Public order, External Arbitration, Barriers to Arbitration, Judicial Procedure, Rules,

Abstract :

The purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of judicial procedure in the face of order. According to the findings of this study, regarding the application of Article 971 of the Civil Code, the majority of judges believe that the agreement of the Iranian parties on the foreign arbitration body, although unusual, but it causes the Iranian court to have no jurisdiction to hear the dispute under the arbitration agreement. Some judges disagree with this view. Regarding the application of Article 968 of the Civil Code, most judges accept the choice of law other than the law of the place of contract where they are around the Iranian arbitration agreement.