The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Competent Court to Hear a Lawsuit for Insolvency of the Subject Matter of Arbitral Award; A Critique of a Judgment rendered by the 12th Branch of the Supreme Court

Document Type : A critique of a Cassation Court's decision

Author
Hassan Mohseni
Department of Private Law, Faculty of Law & Political Science, University of Tehran
10.22034/analysis.2025.2055348.1104
Abstract
It is possible that even in national arbitration law, an arbitral award may be enforced in a place different from where it was originally rendered. It is the same case when the court referring a case to arbitration is in a location different from the one in which the arbitration award is enforced. This report and the arbitral award indicate that the court competent to hear the merits of the dispute may also be separate from the court enforcing the award. In this case, if we accept that a concept called "claims related to the arbitral award" is conceivable in Iranian law, such claims, including the inability to pay what is required by the arbitration award, are within the jurisdiction of a court that either referred the case to arbitration or that, in the absence of an arbitration agreement, would have been the competent authority to hear the merits of the dispute. In any case, the question related to this article, which has also been addressed, is that the insolvency-related claim is arbitrable regardless of whether a claim is raised by failure to pay a judgment debt or that of an arbitral award.
Keywords
claims related to the arbitral award
arbitral award
place of enforcement of the arbitral award
insolvency concerning the subject matter of the arbitral award
The Journal of Critical Analysis of Judicial Decisions
Volume 3, Issue 6 - Serial Number 6
March 2025
Pages 136-151