نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسنده English
The court's intervention and supervision regarding the arbitrator's decision (as a judge selected by the parties) is considered necessary in order to ensure that the arbitrator's decision complies with regulations, the Sharia law and the delivery of justice. In particular, since the enforcement of the arbitrator's decision is enforced by courts of law, the court cannot and should not enforce an arbitral decision whose provisions are contrary to the Sharia principles and rules, or to good morals or public order. In this regard, the legislator has authorized either party to an arbitration award to file a request in court that it is to be annulled if there is any claim that their rights in the arbitral award have been violated, particularly under Article 489 of the Civil Procedure Code. Also, regardless of the recognition of such a right and power for either party, if the judge, faced with an arbitration award, even in the absence of any request to annul the arbitrator's award, determines that the award is in compliance with any of the clauses of the aforementioned article, has the duty to refuse to enforce it and declare it unenforceable. In this regard, other issues are also involved, including if the applicant for annulment of the arbitrator's award relies upon some of the clauses of the aforementioned article but the judge, while reviewing the arbitrator's award, discovers other defects or flaws in the arbitrator's award that are not among the clauses mentioned by the applicant, will the judicial system have the authority to intervene. In contrast, the nullity of an arbitrator's award refers to a situation where the award is void ab initio and inherently invalid and has no legal effect even without the need for a judgment rendered by court, such as a situation where the award is issued in clear conflict with public order. Examining the theoretical bases and analyzing various legal perspectives, this article attempts to clarify the criteria for distinguishing these two concepts and explain their impact on the enforcement of arbitral awards. Also, the existing disagreements in this area and the judicial precedent related to this issue have been analyzed.
کلیدواژهها English
