Fair trial in international commercial arbitration
A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hea...
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| Format: | Article |
| Language: | fas |
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University of Tehran
2015-12-01
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| Series: | Majallah-i ḥuqūq-i taṭbīqī |
| Online Access: | https://jcl.ut.ac.ir/article_55774_7351.html |
| _version_ | 1818927232174784512 |
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| author | saleh khedri |
| author_facet | saleh khedri |
| author_sort | saleh khedri |
| collection | DOAJ |
| description | A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. Equal treatment with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties. Independence and impartiality are elements of Equal treatment and proper notice and give a full opportunity to presentation case are elements of adversarial procedure in Arbitration hearing that arbitrator or arbitration panel are bound to respect them in proceeding between action arbitration parties. Disclosure Obligation, Challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in Arbitration hearing. In this paper, ways of satisfying principles of procedure and its sanctions has been considered. |
| first_indexed | 2024-12-20T03:09:44Z |
| format | Article |
| id | doaj.art-5487db8eeb434664aefd249425f8522f |
| institution | Directory Open Access Journal |
| issn | 1735-496X 2423-3404 |
| language | fas |
| last_indexed | 2024-12-20T03:09:44Z |
| publishDate | 2015-12-01 |
| publisher | University of Tehran |
| record_format | Article |
| series | Majallah-i ḥuqūq-i taṭbīqī |
| spelling | doaj.art-5487db8eeb434664aefd249425f8522f2022-12-21T19:55:30ZfasUniversity of TehranMajallah-i ḥuqūq-i taṭbīqī1735-496X2423-34042015-12-0162Fair trial in international commercial arbitrationsaleh khedri0h.D in Private Law, University of Tehran ,Tehran ,IranA fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. Equal treatment with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties. Independence and impartiality are elements of Equal treatment and proper notice and give a full opportunity to presentation case are elements of adversarial procedure in Arbitration hearing that arbitrator or arbitration panel are bound to respect them in proceeding between action arbitration parties. Disclosure Obligation, Challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in Arbitration hearing. In this paper, ways of satisfying principles of procedure and its sanctions has been considered.https://jcl.ut.ac.ir/article_55774_7351.html |
| spellingShingle | saleh khedri Fair trial in international commercial arbitration Majallah-i ḥuqūq-i taṭbīqī |
| title | Fair trial in international commercial arbitration |
| title_full | Fair trial in international commercial arbitration |
| title_fullStr | Fair trial in international commercial arbitration |
| title_full_unstemmed | Fair trial in international commercial arbitration |
| title_short | Fair trial in international commercial arbitration |
| title_sort | fair trial in international commercial arbitration |
| url | https://jcl.ut.ac.ir/article_55774_7351.html |
| work_keys_str_mv | AT salehkhedri fairtrialininternationalcommercialarbitration |