The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Third-Party Objection to an Arbitral; Analysis of a Judgment of 195 Branch of the Edalat Judicial Complex

Document Type : A critique of the civil court's judgment

Author
Former justice of the Supreme Court,
Abstract
Third-party objections to arbitration awards pose significant challenges in the Iranian arbitration system. Under Article 417 of the Civil Procedure Code, persons who were not involved in the original arbitral proceedings but whose rights have been adversely affected by an arbitration award are entitled to make an objection. Examining Judgment No. 140168390015020077, rendered by the 195th Branch of the Tehran Edalat Judicial Complex, this study analyzes the procedural and substantive aspects of third-party objections to arbitral awards. In this regard, first the concept and conditions of a third-party objection are explained, and then, by analyzing the award in question, its compliance with the principles of arbitration law and judicial precedent is examined. The research findings indicate that a narrow interpretation of the concept of "infringement of third party rights" can lead to a limitation of the scope of third party objection and infringement of the rights of persons who are not parties to the arbitration agreement. Finally, the article offers suggestions for reforming and clarifying the bases of third party objection in arbitration.
Keywords