Judicial Law Views Quarterly (Law Views)

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haddadi M. The Nature of Arbitration Process Management by Arbitration Institutes and Applicable Law. دیدگاه‌های حقوقی 2018; 23 (82) :31-52
URL: http://jlviews2.ujsas.ac.ir/article-1-900-en.html

With increasing tendency in international commercial arbitration, the role of arbitration institutes and centers is highly considered in arbitral affairs. These centers consider various applications for themselves within the framework of rules and regulations ranging from “offering office services” to “arbitration process management”. With arbitration process management, the arbitration center overcomes problems and obstacles a head of establishing court of arbitration and proceedings and supervises on the arbitrator’s activities to lead legal proceedings within specified framework of rules and deadlines. Accordingly, the arbitration centers perform a part of the domestic courts’ duties in the ad hoc arbitrations. In arbitration process management, the arbitration center takes decisions with judicial nature. Although the arbitration center is not involved at the process of dealing with differences and disputes, but its decisions in arbitration process management have capacity to be outcome-determinative. Arbitration Centre is abided by its own regulations in arbitration process management, but is bond to follow the mandatory rules of the place of arbitration especially principles of fair trial. In case of non-compliance with the mentioned principles, the possibility of a lawsuit against the arbitration center in the domestic courts and the annulment of the decision of the arbitration center and arbitral awards has been predicted in laws.