Volume 25, Issue 92 (winter 2021)
__Judicial Law Views __2012__, 25(__59__): __224291 |
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mafi H, shamsi J. Counterclaim in domestic arbitration and international commercial arbitration. دیدگاههای حقوقی 2021; 25 (92) :273-291
URL: http://jlviews2.ujsas.ac.ir/article-1-1846-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1846-en.html
Homayon Mafi *1, Javad Shamsi2
1- university of judicial science , hmynmafi@yahoo.com
2- university of judicial science
2- university of judicial science
Abstract: (2471 Views)
Just and essential proceedings by the considering authority requires to comply with trial principles, a matter that has been accepted by the Judicial Authorities. In the Arbitration Authorities also due to Judicial function of arbitration work the observance of trial principles is necessary contrary to arbitration formalities. One of the principles binding by the Arbitration Authority is the acceptance of lodging counterclaim by the respondent. Comparative study shows that unlike other countries that legislated this matter, in Iran not only the legislator but also jurists did not pay noteworthy attention to this topic. Regarding the counterclaim in arbitration it is to be said that this claim is admissible when it is in the scope of arbitration agreement or clause. In addition to the conditions of counterclaim the said claim is acceptable when there does not exist its barriers. Set-off also is dependent on the claim and with restitution of claim the set-off is discarded. Moreover, the mere restitution of original claim will not render the termination of counterclaim which is under consideration.
Type of Study: Research |
Subject:
Pivate Law
Received: 2020/01/15 | Revised: 2022/12/28 | Accepted: 2021/03/17 | Published: 2021/05/01 | ePublished: 2021/05/01
Received: 2020/01/15 | Revised: 2022/12/28 | Accepted: 2021/03/17 | Published: 2021/05/01 | ePublished: 2021/05/01
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