Volume 27, Issue 98 (summer 2022)
__Judicial Law Views __2012__, 27(__59__): __224192 |
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aziziyani M. Free Intent in Determining the conditions of Arbitration, Fee and Notification in Arbitration and pledge of performance of no-consideration it. دیدگاههای حقوقی 2022; 27 (98) :175-192
URL: http://jlviews2.ujsas.ac.ir/article-1-2000-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2000-en.html
University of Judicial Sciences and Administrative Services , majidaziziyani@gmail.com
Abstract: (804 Views)
Two titles of determination of fee and notification in arbitration are subsidiaries of free intent rule in determination of arbitration conditions among the cases that the parties of arbitration can agree with relying on the principle of the free intent, regards rate and its manner to notify and the related cost, Of course, the parties' option in determination of the mentioned regulations is not definite and consideration to some regulations is necessary and no consideration of these regulations in some cases is lead to removing of condition of arbitration or even cancellation of the verdict of the arbitrator, Based on the Article 477 of Civil Procedure law of Iran, however arbitrators in consideration and the verdict are not subjected to the regulations of proceeding law but they should consider the regulations related to the arbitration, One of the important regulations in arbitration article is quality and manner of notification and firstly , principle of the free will and the parties' agreement on manner of notification is effective and important and in case of no being the parties will as complementary law , the arbitrator pronounces inevitably by the competent court, In the present article, capability of submitting of determination of arbitration fee to the arbitrator and responsibility of payment the arbitration fee in the cases that the arbitrator tries to pronounce and settle hostility were discussed.
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2021/01/29 | Revised: 2023/01/22 | Accepted: 2021/12/18 | Published: 2022/10/10 | ePublished: 2022/10/10
Received: 2021/01/29 | Revised: 2023/01/22 | Accepted: 2021/12/18 | Published: 2022/10/10 | ePublished: 2022/10/10
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