نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسنده English
In this paper, I first intend to briefly explain the position of arbitration and arbitrators in dispute resolution: Who is an arbitrator? What is arbitration? And what role does it play in the system of private adjudication?
The term “arbitrator” (Davar) is a Persian word, historically linked to the concept of justice, and even considered one of the divine attributes. Traditionally, the arbitrator, mediator, or adjudicator was seen as someone who played a key role in resolving civil disputes.
In my view, arbitration is the oldest institution for dispute settlement in human societies, later evolving into forms such as village elders, equity houses, arbitration councils, and peace courts, while still maintaining its original nature as a private method of resolution.
Although the law does not provide an academic definition of arbitrators, it emphasizes legal capacity and the absence of disqualifications. Otherwise, the appointment of an arbitrator depends entirely on the mutual agreement of the parties, without strict conditions such as impartiality, expertise, or kinship.
Articles 454 and following of the Civil Procedure Code mainly regulate formal aspects of arbitration and the annulment of arbitral awards. Even after annulling an award, the court does not assume jurisdiction over the substance of the dispute.
In reviewing a judgment from the Public Court, I will also address some of these related issues.