Investigating the Legal Nature of Arbitration
Subject Areas : Private lawحسین هوشمند فیروزآبادی 1 , فرهاد بطحایی 2
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Abstract :
In spite of bringing the arbitration in Imamieh jurisprudence to resolve the disagreement among couples, there are some differences in the nature of arbitration among the jurists. In this paper, following the explanation and critique of the two theories on the nature of arbitration, the authors accepted the theory that considers arbitration as a Consolidation judgment. Also, by examining the concept of consolidation judgment in jurisprudence and the concept of arbitration in law, it has been proved that these two concepts are overlapping each other.
