Volume 27, Issue 99 (fall 2022)
__Judicial Law Views __2012__, 27(__59__): __224234 |
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Moeinifar M, Amir Moezzi A, Mortazavi A. Results of setting aside arbitrator award on the arbitration clause. دیدگاههای حقوقی 2022; 27 (99) :215-234
URL: http://jlviews2.ujsas.ac.ir/article-1-2029-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2029-en.html
1- , studentresearch.moezzi@gmail.com
Abstract: (608 Views)
Article 491 of the Code of civil Procedure, by referring the parties to the court in case of annulment of the arbitral award, seems absolute.While it must be distinguished between annulment Reasons. The annulment of the arbitration contract or the expiration of arbitration period are reasons that leads to the dissolution of the arbitration clause. Because the field of arbitration is lost. Although it ends the arbitration when arbitrators were specified. Because first; the contractual obligations has been executed and secondly; contract framework, preclude extending arbitration to others. On the other hand, absolute arbitration don’t be affected by the annulment of arbitration award. Because in this type , arbitration itself is desirable for the parties and not the arbitrator. "Party autonomy" is required arbitration be continued by the other arbitrators.
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2021/04/30 | Revised: 2023/04/18 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
Received: 2021/04/30 | Revised: 2023/04/18 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
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