A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws
Article 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or superv...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2021-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_13944_a5713e3c62f66f26894feeb7eae3804c.pdf |
| _version_ | 1797375810960621568 |
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| author | Abbas Mansouri Eisa Amini |
| author_facet | Abbas Mansouri Eisa Amini |
| author_sort | Abbas Mansouri |
| collection | DOAJ |
| description | Article 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or supervision over their enforcement. Under these circumstances, the best approach to identify constitutive laws is through a case-by-case approach. A justice should examine what law has been violated by an arbitrator and whether or not this law, based on the governing situations, directly or indirectly results in limiting or extinguishing a right. A court’s review of this matter may take place upon service or enforcement of or appeal to an arbitration award. The review is only a brief one over the first two stages but takes a more complete form over the third stage. However, even in this third stage, the court may not intervene into questions of fact addressed by the arbitrator, except for special cases. |
| first_indexed | 2024-03-08T19:29:36Z |
| format | Article |
| id | doaj.art-9ba4592a7740472bab3ea3a56deddf4e |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:36Z |
| publishDate | 2021-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-9ba4592a7740472bab3ea3a56deddf4e2023-12-26T07:49:21ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322021-09-01103612314710.22054/jplr.2019.43299.223013944A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive LawsAbbas Mansouri0Eisa Amini1PhD Student in Private Law, Islamic Azad University, Arak Branch, Arak, IranAssistant Professor Private Law, University Professor Islamic Azad University, Tehran, IranArticle 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or supervision over their enforcement. Under these circumstances, the best approach to identify constitutive laws is through a case-by-case approach. A justice should examine what law has been violated by an arbitrator and whether or not this law, based on the governing situations, directly or indirectly results in limiting or extinguishing a right. A court’s review of this matter may take place upon service or enforcement of or appeal to an arbitration award. The review is only a brief one over the first two stages but takes a more complete form over the third stage. However, even in this third stage, the court may not intervene into questions of fact addressed by the arbitrator, except for special cases.https://jplr.atu.ac.ir/article_13944_a5713e3c62f66f26894feeb7eae3804c.pdfconstitutive lawsjudicial reviewquestion of factquestion of lawessential reviewnon-intervention in nature and award of arbitration |
| spellingShingle | Abbas Mansouri Eisa Amini A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī constitutive laws judicial review question of fact question of law essential review non-intervention in nature and award of arbitration |
| title | A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws |
| title_full | A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws |
| title_fullStr | A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws |
| title_full_unstemmed | A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws |
| title_short | A Judicial Precedent-Based Approach to Scope of Judicial Review of Internal Arbitration Award in Terms of Constitutive Laws |
| title_sort | judicial precedent based approach to scope of judicial review of internal arbitration award in terms of constitutive laws |
| topic | constitutive laws judicial review question of fact question of law essential review non-intervention in nature and award of arbitration |
| url | https://jplr.atu.ac.ir/article_13944_a5713e3c62f66f26894feeb7eae3804c.pdf |
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