نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسندگان English
Dealing with legal cases (complaints and related matters) is primarily within the jurisdiction of the judicial organization that is established by the government and handles cases according to legal standards. However, this does not prevent the dispute between the parties and its resolution to be transferred to a person or persons outside the judicial authority. The fact that the parties to a dispute, instead of referring to the courts, agree to resort to an arbitrator to resolve their dispute, indicates that they do not wish to go to the courts and the judicial authority or to have the court intervene in their dispute. Therefore, respecting their wish requires that in principle the courts should not interfere in the arbitration process and that only in special and exceptional circumstances should such intervention occur. However, there are cases where an aggrieved party in an arbitration does not consider the award to be fair and resorts to the various methods provided to appeal the arbitrator's decision.Here, the issue in dispute is whether the court hearing the request to annal the arbitrator's decision will undertake a full review of the case and deal with the merits of the case or not.Therefore, in this article considering one of the judgments issued by the Third Branch of the General Civil Court in the city of Abbas-Abad, Mazandaran Province, the scope of the court's proceedings regarding the request to annul the arbitrator's decision will be criticized, examined and analyzed.
کلیدواژهها English