نوع مقاله : نقد رای دادگاه حقوقی
عنوان مقاله English
نویسنده English
Arbitral awards are presented and reviewed in various categories. A well-known classification consists of domestic arbitral awards and foreign ones. Within these two categories, the procedural rules, the method of trial, applicable laws, the writing of judgment, subsequent processes, and enforcement proceedings are different from each other. The recognition and enforcement of foreign arbitral awards have been accepted more or less based on principles and objectives similar to those governing foreign court judgments. This measure demonstrates the flexibility of our national legal system regarding the principle of national jurisdiction and the authority of domestic judicial decisions, and possesses both legal and political benefits. From a legal perspective, it reflects the will of our legal system to promote and strengthen justice and from a political one, it contributes to legal relations and judicial cooperation on a global scale. Therefore, the Iranian government provided this possibility in 2001 by acceding to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Also, by gathering conditions and backgrounds from the provisions of Chapter 9 of the Civil Enforcement Law (Articles 169 onwards), a special courtesy can be considered in order to accept the request, review and make a decision on the recognition and enforcement of foreign arbitration awards, including the establishment of a special branch of the Tehran General Civil Courts. In this article, by selecting a judgment issued by a specialized branch, we examine the way the Iranian judiciary deals with the aforementioned issue and the important points and elements regarding this matter.
کلیدواژهها English