The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Relying on Laws that “Generating the Rights” to Annul an Arbitral Award:; An Analysis of Some Judgments Rendered by the Judicial Authorities of Mazandaran Courts

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

Authors
Mahshid Karbasi 1
Naser Rezvani Jouybari 2
Aryan talakiyan 3
1 PhD in International Law
2 PhD in Criminal Law and Criminology
3 Researcher and Master of Private Law
10.22034/analysis.2025.2049151.1100
Abstract
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.
Keywords
annulment of the arbitrator's decision
laws creating rights
adversarial principle
substantive laws
The Journal of Critical Analysis of Judicial Decisions
Volume 3, Issue 6 - Serial Number 6
March 2025
Pages 122-135