The Study of Organizational Arbitration in Iranian Law with an Approach Based on Its Legitimacy
Subject Areas : Private lawOmolbanin Hasan pour Tiji 1 , ozra entekhabian 2
1 - PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Mashhad Branch, Mashhad, Iran
2 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Mashhad Branch, Mashhad, Iran
Keywords: Arbitration, hakamiya, Organizational Arbitration, Case Arbitration, Principles of Legitimacy,
Abstract :
Organizational arbitration is where the parties agree that the subject of their dispute will be controlled, managed, and run under the supervision of a legal organization. In fact, unlike the case arbitration ─ which is accomplished by referring litigants to specific person(s) ─ the arbitral tribunal is an organization that has coherent arbitration structures and rules, and also has a different function from the case arbitration. And for this reason, it has undeniable advantages, such as the special way of providing services to the litigants in order to select an arbitrator and monitor the sentencing process. Considering the importance of the performance of this institution, the reason for addressing this issue is to explain the subject of research as much as possible, and to examine the foundations of its legitimacy. The results of this study, which is written in an analytical manner, are as follows: The votes issued by this institution, like the votes issued by the Dispute Resolution Council, are binding and can be considered as a subset of the Dispute Resolution Council. Meanwhile, the legitimacy of its activities stems from the breadth of the meaning of the verses, narrations, and reasoning on the manners and reason of wisdom. Also, the practice of the wise in trying to take care of the affairs of others in times of conflicts, and invoking the rules of jurisprudence as a necessity to repel harm ─ an example of benevolence and charity ─ confirms the legitimacy of the organization's activities.
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