Analysis of the Effects of describing the court's decision in appointing arbitrator (Comparative study of Iran's legal system and common law)

Document Type : Original Article

Authors

1 Department of Law, Faculty of Law and Social Sciences, University of Tabriz.

2 M.A Student, International Trade Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran.

10.48308/jlr.2024.235417.2716

Abstract

Arbitration is now regarded as one of the most effective means of resolving civil and business conflicts. The parties reject the court's jurisdiction when they agree to arbitrate disputes through an arbitration institution or include an arbitration clause in their contract. As a result, the courts will only minimally and strictly intervene in the arbitration process. Nonetheless, the parties inexorably turn to the courts in certain disagreements, such as those involving the choice of an arbitrator. The appointment of an arbitrator by the court is a significant and practical matter, and it is crucial to consider the decision's nature and determine if it falls under the administrative or judicial description categories. Naturally, the decision-making process is administrative in nature when choosing an arbitrator doesn't involve a court proceeding. Similarly, when courts validate the existence and legality of an arbitration clause in a contract, they are engaged in judicial proceedings; consequently, the decision-making process in selecting an arbitrator is judicial in nature.

Keywords

Main Subjects



Articles in Press, Accepted Manuscript
Available Online from 21 December 2024
  • Receive Date: 18 April 2024
  • Revise Date: 27 November 2024
  • Accept Date: 21 December 2024