نوع مقاله : نقد رای دادگاه تجدیدنظر
عنوان مقاله English
نویسنده English
The judgment issued by Branch 15 of the Tehran Court of Appeal, by overturning the decision of the court of first instance and through unique reasoning, accepted the possibility of requesting reconsideration (retrial) of an arbitral award.
The court based its decision on arguments such as the possibility of retrial against court judgments and the absence of any explicit prohibition regarding arbitration, as well as efforts to characterize a restrictive interpretation against retrial in arbitration as unjust.
Although the Code of Civil Procedure regulates the process of litigation before courts and other bodies, and despite its silence on retrial in arbitration matters, it is possible — by relying on clauses (h) and (t) of Article 33 of the Law on International Commercial Arbitration, considering principles of fairness, the rule of no-harm (La-Zarar), and by analogy with Article 426 of the Code of Civil Procedure, and drawing parallels from other laws such as the Law on International Commercial Arbitration, the Law of the Administrative Justice Court, the Law of the Court of Audit, and certain foreign legal systems (including French and Dutch law) — to recognize the possibility of retrial of arbitral awards under certain conditions.
Thus, the judgment in question can be regarded as commendable and worthy of recognition.
کلیدواژهها English
