The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Service of the Arbitration Award by Sending a Declaration by the Arbitrator to the Parties

Document Type : Criticism of the judgment of the Court of Appeal

Authors
Hassan Mohseni 1
Mohammad Pour Tahamasebi Fard 2
1 Department of Private Law, Faculty of Law & Political Science, University of Tehran
2 Attorney At Law
10.22034/analysis.2024.2025739.1085
Abstract
A claim has been initiated to annul the arbitration award. The court of first instance has given a decision to annal the arbitration award due to its having been issued outside the deadline. The appellate court has reversed this decision and has issued an order of dismissal regarding the judgment rendered by the court of first instance because the arbitrator has not observed the legal procedure for service of arbitration award and, at his own discretion, has sent the award to the parties through a declaration. The argument raised by the Appellate court has been that "an award that is not served in the right way is not recognized in the judiciary; is not enforced and complaints concerning it are not dealt with." About this result, there are two views in favor and against in this article, each of which has its own basis. Supporters emphasize mere implementation of the provisions enshrined in the procedural law and also the possibility of improving and correcting invalid practices and methods, while opponents emphasize the inefficiency of the interpretation regarding the regulations concerning service of documents due to repetition of claims.
Keywords
service of arbitration award
service of award through a declaration
realization of service by multiple ways
realization of service only by the prescribed way
The Journal of Critical Analysis of Judicial Decisions
Volume 3, Issue 5 - Serial Number 5
September 2024
Pages 204-226